LB 



THE 



PUBLIC SCHOOL LAW 



OS 



NORTH CAROLINA 



BEIITO A PAST OF 



CHAPTEE 89, REVISAL OF 1905, AS AMENDED BY THE GENEBAL 
ASSEMBLY OF 1907, 1909, 1911, 1913, 1915, AIO) 1917 



TOQETHEB WITH 



EXPLANATOEY NOTES AND DECISIONS OF 

THE STATE SUPEEINTENDENT OF 

PUBLIC INSTEUCTION 



BALEIGH 
ISSUED FBOM OFPICK OF SUPEEINTENDENT OF PUBLIC INSTBUC 
1917 










Glass JJEjSi-S^ 

Book JiS^ : 

If I-] 



I 



1 



THE 



PUBLIC SCHOOL LAW 



OF 



NORTH CAROLINA 



BEING A PART OP 



CHAPTER 89, REVISAL OF 1905, AS AMENDED BY THE GENERAL 
ASSEMBLY OF 1907, 1909, 1911, 1913, 1915, AND 1917 




ISSUED FROM TIIK OFFICE OF THE 

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION 
Raleigh, 1917 



•/Vg5 



PREFATORY NOTE 



This compilation of the Public School Laws of North Carolina is issued in 
this form, in accordance with section 4089 of The Revisal of 1905. 

All amendments to the General School Law made by the several General 
Assemblies since the compilation of the law in The Revisal of 1905 have been 
incorporated in the respective sections, and the amendments made by the 
General Assembly of 1917 are printed in italics in the amended sections. 
This compilation includes also the special acts of State-wide application relat- 
ing to public schools not included in the body of the public school law. 

The notes, decisions and other matter, it is hoped, will be found convenient 
and useful. 

A careful reading of the law by all school officers and teachers will prevent 
many mistakes and much burdensome correspondence and delay. 

J. Y. JOYNER, 

Superintendent of Public Instruction. 
Raleigh, May, 1917. 



0. of D. 

MAR 21 1918 



i 



EDUCATION IN OUR CONSTITUTION 



Article IX of the Constitution of North Carolina relates to education. It 
reads as follows : 

Section 1. Religion, morality, and knowledge being necessary to good 
government and the happiness of mankind, schools and the means of educa- 
tion shall forever be encouraged. 

Sec. 2. The General Assembly, at its first session under this Constitution, 
shall provide by taxation and otherwise for a general and uniform system 
of public schools, wherein tuition shall be free of charge to all the children 
of the State between the ages of six and twenty-one years. And the children 
of the white race and the children of the colored race shall be taught in 
separate public schools; but there shall be no discrimination in favor of or 
to the prejudice of either race. 

Sec. 3. Each county of the State shall be divided into a convenient number 
of districts, in which one or mor6 public schools shall be maintained at least 
four months in every year; and if the commissioners of any county shall fail 
to comply with the aforesaid requirements of this section they shall be liable 
to indictment. 

Sec. 4. The proceeds of all lands that have been or hereafter may be 
granted by the United States to this State and not otherwise appropriated by 
this State or the United States, also all money, stocks, bonds and other prop- 
erty now belonging to any State fund for purposes of education, also the net 
proceeds of all sales of the swamp lands belonging to the State, and all other 
grants, gifts or devises that have been or hereafter may be made to the State 
and not otherwise appropriated by the State or by the terms of the grant, 
gift or devise, shall be paid into the State Treasury, and, together with so 
much of the ordinary revenue of the State as may be by law set' apart for that 
purpose, shall be faithfully appropriated for establishing and maintaining in 
this State a system of free public schools, and for no other uses or purposes 
whatsoever. 

Sec. 5. All moneys, stocks, bonds, and other property belonging to a 
county school fund, also the net proceeds from the sale of estrays, also the 
clear proceeds of all penalties and forfeitures and of all fines collected in the 
several counties for any breach of the penal or military laws of the State, 
and all moneys which shall be paid by persons as an equivalent for exemption 
from military duty shall belong to and remain in the several counties and 
shall be faithfully appropriated for establishing and maintaining free public 
schools in the several counties in this State: Provided, that the amount 
collected in each county shall be annually reported to the Superintendent of 
Public Instruction. 

Sec. 6. The General Assembly shall have power to provide for the election 
of trustees of the University of North Carolina, in whom, when chosen, shall 
be vested all the privileges, rights, franchises and endowments thereof in 
any wise granted to or conferred upon the trustees of said University; and 
the General Assembly may make such provisions, laws and regulations from 
time to time as may be necessary and expedient for the maintenance and 
management of said University. 



6 Public School Law of N'orth Carolina 

Sec. 7. The General Assembly shall provide that the benefits of the Uni- 
versity, as far as practicable, be extended to the youth of the State free of 
expense for tuition; also that all the property which has heretofore accrued 
to the State or shall hereafter accrue from escheats, unclaimed dividends 
or distributive shares of the estates of deceased persons shall be appropriated 
to the use of the University. 

Sec. 8. The Governor, Lieutenant-Governor, Secretary of State, Treasurer, 
Auditor, Superintendent of Public Instruction, and Attorney-General shall 
constitute a State Board of Education. 

Sec. 9. The Governor shall be president and the Superintendent of Public 
Instruction shall be secretary of the Board of Education. 

Sec. 10. The Board of Education shall succeed to all the powers and trusts 
of the president and directors of the literary fund of North Carolina, and 
shall have full power to legislate and make all needful rules and regulations 
in relation to free public schools and the educational fund of the State; 
but all acts, rules and regulations of said board may be altered, amended, or 
repealed by the General Assembly, and when so altered, amended or repealed 
they shall not be reenacted by the board. 

Sec. 11. The first session of the Board of Education shall be held at the 
capital of the State within fifteen days after the organization of the State 
Government under this Constitution; the time of future meetings may be 
determined by the board. 

Sec. 12. A majority of the board shall constitute a quorum for the trans- 
action of business. 

Sec. 13. The contingent expenses of the board shall be provided by the 
General Assembly. 

Sec. 14. As soon as practicable after the adoption of this Constitution 
the General Assembly shall establish and maintain in connection with the 
University a department of agriculture, of mechanics, of mining and of 
normal instruction. 

Sec. 15. The General Assembly is hereby empowered to enact that every 
child of suflacient mental and physical ability shall attend the public schools 
during the period between the ages of six and eighteen years for a term of 
not less than sixteen months, unless educated by other means. 



Sec. 27. The people have the right to the privilege of education, and 
it is the duty of the State to guard and maintain that right. — Bill of Rights, 
North Carolina Constitution. 

Article II, section 29: 

The General Assembly shall not pass any local, private, or special act or 
resolution: "Erecting new townships, or changing township lines, or 
establishing or changing the lines of school districts." 

educational qualification for suffrage. 

Article VI, section 4, of the Constitution of North Carolina contains the 
following: 

Every person presenting himself for registration shall be able to read and 
write any section of the Constitution in the English language; and before 



Public School Law of ISTorth Caeoliita 7 

he shall be entitled to vote he shall have paid, on or before the first day of 
May of the year in which he proposes to vote, his poll tax for the previous 
year, as prescribed by Article V, section 1, of the Constitution. But no male 
person who was on January 1, 1867, or at any time prior thereto, entitled 
to vote under the laws of any State in the United States wherein he then 
resided, and no lineal descendant of any such person, shall be denied the 
right to register and vote at any election in this State by reason of his failure 
to possess the educational qualifications herein prescribed: Provided, he 
shall have registered in accordance with the terms of this section prior to 
December 1, 1908. 



NEW SCHOOL LEGISLATION, 1917 



AN ACT TO ESTABLISH A STATE BOARD OF EXAMINERS AND 
INSTITUTE CONDUCTORS 

[Chapter 146, Public Laws 1917.] 

The General Assembly of North Carolina do enact: 

Section 1. There shall be and is hereby constituted a State Board of Ex- 
aminers and Institute Conductors, which shall consist of six members — three 
men and three women — of recognized ability, character, professional training 
and successful experience in teaching or in supervising schools, to be desig- 
nated as Institute Conductors, who shall be appointed by the Governor of the 
State, three for a term of two years, three for a term of four years, and 
their successors for a term of four years. All vacancies occurring in the 
membership of said board by death or resignation or otherwise shall be filled 
in the same manner for the unexpired term. The State Superintendent of 
Public Instruction shall be ex officio chairman of said board, and the State 
Supervisor of Teacher-Training and Superintendent of the State Normal 
Schools for the Colored Race and the Cherokee Indians shall be ex officio 
secretary. The salary of each institute conductor shall be fixed by the State 
Board of Education, upon the recommendation of the executive committee of 
the North Carolina Teachers' Assembly, at a sum not to exceed two thousand 
five hundred dollars per year exclusive of expenses. For immoral conduct, 
incompetency, failure to perform duty, or other and sufficient cause, the 
State Board of Education may remove from office any member of said Board 
of Examiners and Institute Conductors, after due notice in writing to said 
member of the charges, who shall be given at least five days to appear and 
answer and offer evidence, and who shall have the right of appeal from the 
action of the State Board of Education to the courts of the State. 

Sec. 2. Said Board of Examiners and Institute Conductors shall have en- 
tire control of examining, accrediting without examination, and certificating 
all applicants for the position of teacher, principal, supervisor, superintend 
ent, and ass'istant superintendent in all public elementary and secondary 
schools of North Carolina, urban and rural, and no person shall be employed 
or serve in said schools as teacher, principal, supervisor, superintendent or 
assistant superintendent, who shall not be certificated for such position by 
said board under the provisions of this act: Provided, however, that the 
examination and certification of all applicants for second and third grade 
certificates shall be under the control of the county superintendent of each 
county or of the town or city superintendent of each town or city system 
operated under special act or charter. Said board shall prescribe rules and 
regulations for examining, accrediting without examination, and certificat- 
ing all such applicants for the renewal and extension of certificates and for 
the issuance of life certificates. No certificate issued by said board shall be 
valid until approved and signed by the county superintendent of the county 
or the city superintendent of the city in which the examination of the holder 
of said certificate was hel?l, or in the schools of which the holder of said 



Public School Law of I^oeth Caeolina 9 

certificate, if issued without examination, applies to teach. Any certificate 
when so approved by said county or city superintendent shall be of Statewide 
validity, and in case said county or city superintendent shall refuse to ap- 
prove and sign any such certificate, he shall notify the secretary of the State 
Board of Examiners and Institute Conductors and state in writing the rea- 
sons for such refusal, and said State Board of Examiners and Institute Con- 
ductors shall have the right, upon appeal by the holder of said certificate, to 
review and investigate and finally determine the matter. 

Sec. 3. All State high school certificates, five-year State elementary school 
certificates, and first-grade county certificates in force at the time af the ratifi- 
cation of this act shall continue in force until the date of their expiration as 
stated in each certificate, after which the present holders of such certificates 
shall be subject to such rules and regulations as the State Board of Exam- 
iners and Institute Conductors may adopt in regard to the issuance or renewal, 
with or without examination, of certificates of the same class. Said Board 
of Examiners and Institute Conductors shall issue to all city superintendents, 
to all county superintendents, and to all assistant superintendents in service 
at the time of the ratification of this act temporary superintendents' or assist- 
ant superintendents' certificates without examination, and prescribe rules 
and regulations for the renewal and extension of the same; and in cases of 
undoubted fitness, competency, and progressive efficiency, evidence of which 
shall be submitted in writing to said board, it shall issue to all such superin- 
tendents and assistant superintendents a permanent certificate without exam- 
ination under such rules and regulations as said board may adopt. On or be- 
fore July first, nineteen hundred and seventeen, the superintendent or other 
supervising officer of every city, town, or other specially chartered school that 
now has power and authority to elect teachers without a county or State certi- 
ficate shall file with the State Board of Examiners and Institute Conductors 
a complete list of the names of all teachers, principals, and supervisors in 
service in the school or schools under his supervision during the school year 
ending June thirtieth, nineteen hundred and seventeen, together with a 
certified statement from them and from said superintendent or supervising 
officer of the qualifications, preparation, professional training, and teaching 
experience of each, and the recommendation of said superintendent or super- 
vising officer as to the grade of certificate to which each is entitled. Where- 
upon the State Board of Examiners and Institute Conductors may authorize 
and cause to be issued to such teachers, principals, and supervisors, without 
examination, a permanent certificate of the grade recommended, subject, 
however, to the rules and regulations of said board for keeping permanent 
certificates in force. 

Sec. 4. The State Board of Examiners and Institute Conductors shall pre- 
pare questions for the examinations authorized under this act, and the State 
Superintendent of Public Instruction shall cause lists of the questions so pre- 
pared to be printed, and shall, before the date of such examination, send in 
sealed packages, not to be opened until the day of the examination, to each 
superintendent or other person appointed to conduct said examinations in 
the various counties or cities of the State, a sufficient number of such lists. 
The second Tuesday in April, July, and October of each year is hereby desig- 
nated for said examinations, which may be continued from day to day for 
three successive days, under such rules and regulations as said board may 
adopt; but no examination shall commence on any other day than the first 



10 Public School Law of I^orth Carolina 

day of each period mentioned in this section, and no examination shall be 
held at any other time: Provided, however, that said board may in its dis- 
cretion provide for special examinations to be conducted by such persons as 
it may appoint. Said examinations shall be conducted by the county superin- 
tendent of each county for all applicants in his county, and, in cities and 
towns of two thousand or more inhabitants said examinations for appli- 
cants for positions in the schools under their supervision may be conducted 
by the licensed superintendents of the schools in said cities and towns. All 
examination papers shall be promptly transmitted to the secretary of the 
State Board of Examiners and Institute Conductors. All examinations of 
applicants for superintendents' certificates shall be conducted by the State 
Board of Examiners and. Institute Conductors under such rules and regula- 
tions as it may adopt therefor. Upon the recommendation of the superintend- 
ent concerned, said board may grant a temporary certificate or permit valid 
in the county or city designated, to any teacher who at the time of the last 
preceding examination was not in the State, or who at such time was pre- 
vented by illness from taking the examination, as evidenced by the certificate 
of a physician. Such temporary certificate or permit, however, shall be valid 
only from the date of issuance to the date on which the State Board of Ex- 
aminers and Institute Conductors shall make their report upon applicants at 
the next meeting succeeding regular examination, and no such temporary 
certificate or permit shall be renewed. 

Sec. 5. Said Board of Examiners and Institute Conductors may, with the 
approval of the State Board of Education when adjudged by it to be abso- 
lutely necessary, employ competent persons to assist in the reading and 
grading of examination papers, and shall fix the compensation of such per- 
sons not to exceed five dollars a day for the time employed, to be paid upon 
the requisition of the chairman of the board out of the funds provided under 
this act. Said board is authorized to employ a stenographer at such compen- 
sation as it may fix, and to have done as public printing by the State Printer 
all printing necessary for its work. 

Sec. 6. After July the first, nineteen hundred and seventeen, it shall be 
unlawful for any board of trustees or school committee of any public school 
that receives any public school money from county or State to employ or keep 
in service any teacher, superintendent, principal, supervisor, or assistant su- 
perintendent that does not hold a certificate in compliance with the provisions 
of this act. Upon notification by the State Board of Examiners and Institute 
Conductors to the State Board of Education or to the county board of educa- 
tion that any school committee or board of trustees is employing or keeping 
in service a teacher, supervisor, principal, superintendent, or assistant super- 
intendent in violation of the provisions of this act, said State Board of Educa- 
tion shall withhold from such county any and all appropriations from the 
State Treasury for such school, and said county board of education shall 
withhold from said school any and all appropriations from the county school 
fund until the law has been complied with. The county, town, or city super- 
intendent or other official is hereby forbidden to approve any voucher for 
salary for any such person employed in violation of the provisions of this act, 
and the treasurer of the county, town, or city schools is hereby forbidden to 
pay out of the school fund the salary of any such person: Provided, that 
nothing herein shall prevent the employment of temporary substitute or 
emergency teachers under such rules as the State Board of Examiners and 
Institute Conductors may prescribe. 



Public School Law of I^oeth Carolina 11 

Sec. 7. In cooperation with the Supervisor of Teacher-Training and Super- 
intendent of the State Normal Schools for the Colored Race and for the Chero- 
kee Indians, said board shall plan, direct, and supervise the work of said 
schools, and shall have general direction and supervision of the work of all 
teachers' associations and reading circles and of such other work as may he 
deemed necessary for professional training and home study for teachers. 

Sec. 8. Said Board of Examiners and Institute Conductors shall plan, 
direct, and the six members of the board designated herein as institute con- 
ductors shall conduct, biennially in each county in North Carolina a county 
teachers' institute for not less than two weeks for the public school teachers 
of said county, at such time and place therein as may be designated by said 
board, having due regard in fixing the time and place to the convenience of 
the teachers and the recommendations of the county board of education and 
county superintendent. All public school teachers of the State, rural and 
urban, including all public high school teachers, principals, supervisors, and 
superintendents, are hereby required to attend biennially some county insti- 
tute continuously for two weeks or some summer school for teachers accred- 
ited by said board, continuously for one entire term of such summer schools, 
unless excused from attendance by said board for sickness evidenced by the 
certificate of a physician, or for other cause adjudged by the board to be 
providential. Failure to attend such institute or accredited summer school, 
unless so excused, shall debar any person so failing from teaching or super- 
vising in any public school, high school, urban or rural, until such person 
shall have attended some county institute or summer school as herein re- 
required; and said board is authorized to cancel the certificate of any person 
failing to comply with the provisions of this section. Said board shall pro- 
vide for separate county institutes for the teachers of each race, and is 
further authorized to provide for joint county institutes for two or more 
counties for the teachers of either race, and to provide for holding the county 
institute of any county in which an accredited summer school is conducted 
in conjunction with said summer school. Said board is hereby authorized to 
employ competent negro teachers to assist in conducting the county institutes 
for negro teachers and to fix their compensation, w^hich shall be paid out of 
the funds provided in this act. That the schedule of institutes shall be ar- 
ranged annually so as not to interrupt the regular session of the public 
schools, rural or urban, in any county, except with the consent of the county 
board of education, or the trustees of urban schools operated under special 
charters. 

Sec. 9. There shall be the following classes of first-grade certificates: 
(1) Superintendents' and Assistant Superintendents'; (2) High School 
Principals'; (3) High School Teachers'; (4) Elementary School Teachers'; 
(5) Elementary Supervisors'; and (6) Special. Said State Board of Ex- 
aminers and Institute Conductors may subdivide and shall define in detail 
the different classes of first-grade certificates, determine the time of their 
duration and validity, prescribe the standards of scholarship for same, and 
the rules and regulations for the examination for them and for their issuance, 
and their renewal or extension. 

Sec. 10. Any person who purloins, steals, buys, receives, or sells, gives, or 
offers to buy, give, or sell any examination question or copies thereof or any 
examination questions or copies thereof of any examination provided and 
prepared by law before the date of the examination for which they shall have 



12 Public School Law of I^orth Carolina 

been prepared, shall be guilty of a misdemeanor, and upon conviction thereof 
shall be fined or imprisoned, or both, in the discretion of the court. 

Sec. 11. For the payment of the salaries and all other expenses authorized 
under this act, and for carrying out all of the provisions thereof, the State 
Board of Education is hereby authorized and directed to deduct and set aside 
annually on and after January first, nineteen hundred and eighteen, the sum 
of twelve thousand five hundred dollars ($12,500) out of the appropriation 
to the public schools provided under section one of chapter thirty-three of 
the Public Laws of one thousand nine hundred and thirteen, and the further 
sum of twelve thousand five hundred dollars ($12,500) annually out of the 
appropriation to the public schools known as the State Equalizing School 
Fund provided under section three of chapter thirty-three of the Public 
Laws of one thousand nine hundred and thirteen, making a total of twenty- 
five thousand dollars ($25,000) annually. These respective amounts shall 
be annually deducted from each of these appropriations before the annual 
apportionment of said appropriations is made under chapter thirty-three of 
the Public Laws of one thousand nine hundred and thirteen. Any unused 
balance thereof remaining in the hands of the State Treasurer on the first 
Monday of January of each year following its apportionment for these pur- 
poses shall be returned to the State Equalizing School Fund: Provided, how- 
ever, that the State Board of Education is hereby authorized and directed 
to deduct from the State Equalizing School Fund to be apportioned by it 
under section four of chapter thirty-three of the Public Laws of one thousand 
nine hundred and thirteen for the school year ending June thirtieth, one thou- 
sand nine hundred and seventeen, the sum of fifteen thousand dollars, to be 
used in payment of the salaries and other expenses under this act from the 
ratification of this act until the first Monday in January, one thousand nine 
hundred and eighteen. 

Sec. 12. Sections four thousand one hundred and sixty-two and four thou- 
sand one hundred and sixty-seven of chapter eighty-nine of the Revisal of 
one thousand nine hundred and five, as amended by the General Assemblies- 
subsequent to one thousand nine hundred and five, and all other laws and 
parts of laws in conflict with the provisions of this act, are hereby repealed. 

Sec. 13. This act shall be in force from and after its ratification. 

Ratified this the 5th day of March, A. D. 1917. 



A:^ ACT TO AMEND SECTIONS OF THE EEVISAL OF 1905 AND CERTAIN 
CHAPTERS OF THE PUBLIC LAWS OF 1907, 1911, 1913, AND 1915, 
BEING PARTS OF THE PUBLIC SCHOOL LAW 

[Chapter 285, Public Laws 1917.] 

The General AssemMy of North Carolina do enact: 

Section 1. That section four thousand one hundred and twenty-nine of the 
Revisal of nineteen hundred and five be and the same is hereby amended as 
follows: (a) by inserting after the word "townships" and before the word 
"into," in line two of said section, these words: "or the entire county or 
any part of the county"; (&) by inserting after the word "practicable" and 
before the word "it," in line three of said section, these words: "and said 



Public School Law of ITorth Carolina 13 

board is hereby authorized and empowered to redistrict the entire county 
or any part thereof and to consolidate school districts wherever and when- 
ever in its judgment the redistricting or the consolidation of districts will 
better serve the educational interests of the township, or the county, or any 
part of the county." 

Sec. 2. That section four thousand one hundred and forty-one of the Re- 
visal of nineteen hundred and five be and the same is hereby amended by 
inserting after the word "jurisdiction" at the end of line fourteen, and 
before the word "unless" at the beginning of line fifteen of said section, the 
words: "He is hereby required to make at the end of each calendar month 
during the year a brief report to the county board of education, setting forth 
a statement of his work and activities and of the educational progress in the 
county for the month. This report shall be made upon blanks prepared and 
furnished by the State Department of Public Instruction, and a copy of each 
monthly report shall be sent to the State Superintendent of Public Instruc- 
tion. 

Sec. 3. That section four thousand one hundred and forty-five of the Re- 
visal of nineteen hundred and five be and the same is hereby amended by 
inserting after the word "men" and before the word "of," in line five of said 
section, the words: "of good moral character and"; and that chapter one 
hundred and forty-nine. Public Laws of nineteen hundred and thirteen, be 
and the same is hereby amended by inserting after the word "intelligence" 
and before the word "and," in line sixteen on page two hundred and thirty- 
seven. Public Laws of nineteen hundred and thirteen, the words: "good 
moral character." 

Sec. 4. That chapter eight hundred and twenty, Public Laws of nineteen 
hundred and seven, be and the same is hereby amended as follows: By in- 
serting after the word "act" and before the word "the," in line four of sec- 
tion ten of said chapter, these words: "The State Board of Education is 
hereby authorized to reserve annually out of this appropriation an amount 
not to exceed five hundred dollars, to be paid out upon the requisition of 
the State Superintendent of Public Instruction in defraying a part of the 
necessary expense incurred in connection with the supervision and inspection 
of public high schools receiving aid under the provisions of this act." 

Sec. 5. That chapter one hundred and thirty-five. Public Laws of nineteen 
hundred and eleven, be and the same is hereby amended by inserting after the 
word "districts" and before the word "in," in line four of subsection (j) of 
section one of said chapter, these words: "urban and rural and to con- 
solidate such districts"; and further amend said subsection (j) by striking 
out at the end thereof the following words: "in which the same rate of 
special taxation for schools is levied," and inserting in lieu thereof the fol- 
lowing words: "county boards of education of any two contiguous counties 
are hereby authorized to transfer children from a school district of one 
county to the adjacent school district in the other county for the conven- 
ience of the children transferred and to arrange by agreement for reasonable 
compensation out of the county school fund of the county from which such 
transfers are made to be placed to the credit of the school district in the 
other county in which the children transferred attend school." 

Sec. 6. That chapter one hundred and forty-nine, Public Laws of nine- 
teen hundred and thirteen, be and the same is hereby amended as follows: 
(a) at the eijd of subsection (m) of section one of the said chapter add these 



14 Public School Law of IvTorth Carolina' 

words: "There shall be an average daily attendance of not less than twenty- 
pupils for each additional teacher employed"; (&) strike out the word "ten" 
in line twenty of subsection (f) of section three of said chapter, and 
insert in lieu thereof the word "twenty." 

Sec. 7. That chapter fifty-five, Public Laws of nineteen hundred and fif- 
teen, be and the same is hereby amended by adding at the end of section four 
of said chapter the following words: "The funds derived from the sale of 
bonds for the benefit of any school district having a bonded treasurer shall 
be deposited with said treasurer to the credit of such district: Provided, 
however, that no treasurer handling the funds derived from the sale of bonds 
voted under the provisions of this act shall receive any commission therefor." 

Sec. 8. That chapter two hundred and thirty-six, Public Laws of nineteen 
hundred and fifteen, be and the same is hereby amended by inserting after 
the word "necessary" and before the word "but," in line six of subsection 
(a) of section five, these words: "and such additional contingent fund as it 
may deem advisable for the encouragement and support of home demonstra- 
tion and club work: Provided, the amount set aside under this provision 
shall in no case exceed one-half the amount spent for such purposes in 
the county." 

Sec. 9. That chapter two hundred and forty-seven. Public Laws of nine- 
teen hundred and fifteen, be and the same is hereby amended by striking out 
the word "seventeen" between the word "word" in line four and the word 
"and" in line five of section one of said chapter, and inserting in lieu thereof 
the word "twenty." 

Sec. 10. That this act shall be in force from and after its ratification. 

Ratified this the 7th day of March, A. D. 1917. 



EXPLANATIOT^ OF THE SEVERAL SECTIONS OF THE FOREGOING ACT 
(THE EDUCATIONAL OMNIBUS BILL) 

Section 1. — This section, amending section 4129 of the Revisal of 1905, 
enlarges the power of the county board of education regarding changes in the 
boundary lines of school districts so as to enable the county board to pro- 
vide for situations that have heretofore been taken care of by special acts 
of the Legislature. This provision is now necessary, since, under recent 
amendment to the Constitution, the General Assembly is prohibited from 
passing "any local, private, or special act or resolution . . . establish- 
ing or changing the lines of school districts." 

Section 2.— This section, amending section 4141 of the Revisal of 1905, re- 
quires the county superintendent of public instruction to make monthly 
reports of the school progress in his county, and of his work activities, 
to the county board of education and to furnish duplicate copies to the State 
Superintendent of Public Instruction. 

Section 3.— This section, amending 4145 of the Revisal of 1905 and chapter 
149, Public Laws of 1913, simply requires that school committeemen appointed 
by the county board of education shall be men of "good moral character." 

Section 4.— This section, amending chapter 820, Public Laws of 1907, au- 
thorizes the State Board of Education to use $500 of the annual high school 
appropriation now made to the public high schools "in defraying a part of the 



Public School Law of I^orth Carolina 15 

necessary expenses incurred in connection with the supervision and inspec- 
tion of the public high schools receiving aid under this act." 

Section 5. — This section, amending chapter 135, Public Laws of 1911, places 
in the hands of the county board of education certain necessary authority, as 
explained in section 2 above, regarding changes in boundary lines of school 
districts, and by striking out the words "in which the same rate of special 
taxation of schools is levied," gives the board authority to consolidate adja- 
cent districts in which the special tax rate may not be the same. And it 
further authorizes "county boards of education of any two contiguous coun- 
ties ... to transfer children from a school district in one county to 
the adjacent school district in another county for the convenience of the 
school children transferred, and to arrange by agreement for reasonable com- 
pensation out of the county school fund of the county from which such trans- 
fers are made to be placed to the credit of the school district in the other 
county in which the children transferred attend school." 

Section 6. — This section, amending chapter 149, Public Laws of 1913, by 
the provision embodied in subsection (a) requires that there shall be an 
average daily attendance of not less than twenty pupils for each additional 
teacher employed in schools having more than two teachers. This provision 
is intended to safeguard more effectively the distribution of the State and 
county school funds. 

Subsection (b) of this section requires cities and towns receiving State 
aid for public high school instruction to make an average daily attendance 
of at least twenty pupils from outside the local district, instead of ten as 
now required. 

Section 7. — This provision amends the State-wide act authorizing any 
county, township, or high school district to issue bonds for school purposes, 
this act being chapter 55, Public Laws of 1915, so as to provide that the 
funds derived from the sale of bonds voted and issued for the benefit of any 
school district having a bonded treasurer shall be deposited with the local 
treasurer to the credit of the school. And it further provides that the treas- 
urers shall receive no commission for handling funds derived from the sale 
of bonds issued under this act. 

Section 8. — This section amends chapter 236, Public Laws of 1913, so as 
to authorize the county board of education of any county to set aside a 
reasonable amount out of the county school fund to encourage home demon- 
stration work and club work. (See section 4116, Public School Law.) 



AX ACT TO APPOINT MEMBERS OF THE COUNTY BOARDS OF 

EDUCATION 

[Chapter 291, Public Laws 1917.] 

The General Assembly of North Carolina do enact: 

Section 1. That the following named persons are hereby appointed mem- 
bers of the county board of education in and for their respective counties 
for a term of six years, except as otherwise provided herein, from the first 
Monday of July, one thousand nine hundred and seventeen, that is to say: 

Alexander— Van W. Teague (six years). 



16 Public School Law of Xokth Caeolixa 

Alleghany — M. A, Higgins (six years), F. M. Osborn (four years), and 
W. E. Cox (two years). 

Anson — J. P. Ratliff (six years). 

Ashe — Dr. J. C. Gambill (six years). 

Avery — R. L. Wiseman (six years). 

Beaufort — John B. Sparrow (six years), R. L. M. Bonner (four years), T. R. 
Hodges (two years). 

Bladen — C. Monroe (six years), Dr. W. H. G. Lucas (four years), F. D. 
McLean (two years). 

Brunswick — John L. Simmons (six years). 

Cabarrus — W, F. Smith (six years). 

Caldwell — W. L. Minish (six years). 

Camden — John R. Sawyer (six years), J. Logan Sawyer (two years). 

Carteret — Benjamin F. Royal (six years). 

Casicell — L. A. Guyn (six years). 

Cataicha — Robert Brady (six years). 

Chatham — ^W. B. Harding (six years). 

Cherokee — Dr. H. N. Wells (six years), D. T. McXabb (four years). 

Choican — W. S. Privott (six years), W. D. Welch (four years), J. L. Savage 
(two years). 

Clay — William H. Harrison (six years). 

Columbus — E. W. Wells (six years), J. Lee Williamson (four years). 

Craven — 0. H. Wetherington (six years). 

Cumberland — J. W. Hall (six years). 

Dare — Thomas J. Fulcher (six years). 

Davidson — G./T. Cochrane (six years). 

Davie — A. W. Ellis (six years). 

Duplin — L. Middleton (six years). 

Durham — W. H. Wanamaker (six years). 

Forsyth — W. X. Poindexter (six years). 

Franklin — Edgar L. Green (six years), C. R. Sandling (six years). 

Gaston — J. H. Rudisill (six years). 

Graham — S. P. Harwood (six years), Troy Hyde (four years). 

Granville — C. H. Cheatham (six years). 

Greene — B. F. D. Albritton (six years), L. J. H, Mewborn (four years). 

Harnett — 0. Bradley (six years). 

Haywood — T. L. Gwynn (six years). 

Henderson — J. W. Morgan (six years), J. 0. Bell (four years). 

Hertford — E. B. Yaughan (six years). 

Hoke — N. A. McDonald (six years). 

Hyde — Z. T. Fortescue (six years). 

Jackson — J. L. Broyles (six years), E. H. Stillwell (four years), R. R. 
Fisher (two years). 

Johnston — W. G. Wilson (six years). 

Jones — B. L. Brock (six years). 

Lenoir — G. V. Cowper (six years). 

Lincoln — Milton S. Rudisill (six years). 

Macon — T. C. Bryson (six years). 

Madison — W. R. Sams (six years), 

Martin — J. D. Biggs (six years). 



Public School Law of I^orth Carolina 17 

McDowell — /. K. Cowan (six years). 

Mitchell — J. W. Gudger (six years). 

Montgomery — ^Alfred R. Moore (six years). 

Moore — J. R. McQueen (six years). 

Nash — I. F. Finch (six years). 

New Hanover — C. B. Newcomb (six years), T. E. Cooper (four years). 

Northampton — J, B. Stephenson (six years). 

Onslow — Clayton Mills (six years). 

Orange — C. A. McDade (six years). 

Pamlico — George W. Brinson (six years). 

Pasquotank — W. G. Cox (six years). 

Pender — H. M. Page (six years). 

Perquimans — James H. Miller (six years). 

Person — W. R. Wilkerson (six years). 

Pitt — A. G. Cox (six years). 

Polk — S. B. Weaver (six years). 

Randolph — Dr. Charles H. Phillips (six years). 

Richmond — Franklin H. Gates (six years). 

Robeson — Thomas L. Johnson (six years). 

Rockingham — W. R. Lynch (six years), Eugene Irvin (four years). 

Rowan — J. M. McCorkle (six years), J. W. Peeler (four years). 

Sampson — Willie A. Jackson (six years). 

Scotland — Dr. W. G, Shaw (six years). 

Stanly — J. A. Little (six years). 

Stokes — 

Surry — R. H. Chatham (six years). . 

Swain — G. I. Calhoun (six years), W. T. Allen (two years). 

Transylvania — J. M. Southern (six years), Luther Wilson (four years). 

Tyrrell — Paul Jones (six years), H. Seaton Swain (four years). 

Vance — James E. Kimball (six years). 

Wake — Dr. G. M. Bell (six years). 

Warren — J. D. Newell (six years), John Skinner (four years). 

Washington — William Wiley (six years). 

Watauga — Newton Howell (six years). 

Wayne — W. F. English (six years). 

Wilkes — James S. Kilby (six years). 

Wilson — E, J. Barnes (six years). 

Yadkin — T. J. Phillips (six years). 

Yancey — L. D. Gillespie (six years). 

Sec. 2. That the Secretary of State shall within sixty days after the ratifi- 
cation of this act send a certified copy of the names of the county boards of 
education appointed by this act for the respective counties to the clerk of 
the Superior Court of each county in the State; thereupon said clerk shall 
immediately notify each member of his appointment, and direct said members 
to appear at the courthouse on the first Monday of July thereafter for the 
purpose of qualifying as directed by law. 

Sec. 3. All appointments under this act shall expire on the first Monday 
of April as provided by House Bill one thousand one hundred and forty-seven, 
Senate Bill one thousand one hundred and thirty, enacted by the General 
Assembly of nineteen hundred and seventeen, and entitled "An act providing 
for the nomination and election of county boards of education." 



18 Public School Law of ^orth Carolin-a 

Sec. 4. That all laws and clauses of laws in conflict with this act be and 
the same are hereby repealed. 

Sec. 5. That this act shall be in force and effect from and after its ratifi- 
cation. 

Ratified this the 7th day of March, A. D. 1917. 



AN ACT TO CREATE A STATE EDUCATIONAL COMMISSION 

[Chapter 197, Public Laws 1917.] 

The General Assembly of North Carolina do enact: 

Section 1. That there is hereby created a State Educational Commission 
of five members, to be appointed by the Governor for the term of office of 
two years. It shall be the duty of the said commission to make a thorough 
study of the school laws of the entire public school system of the State, a 
careful survey of existing educational conditions, and a comparative study 
and investigation of the educational systems of other States. Said com- 
mission shall codify the public school laws of the State and make recommen- 
dations of such amendments, changes, and additions to the school law as in 
its opinion may be needed. 

Sec. 2. That said commission shall also investigate the methods and cost 
of supplying text-books to the public schools of this and other States, and also 
the advisability of establishing a State printing plant for the purpose of 
printing text-books and doing the other printing of the State, together with 
the present cost and method of public printing in this State, and report their 
findings and recommendations as herein provided. 

Sec. 3. That said commission shall investigate the matter of public school 
teachers' pensions in the several States, and report to the General Assembly 
as herein provided with its findings and recommendations. 

Sec. 4. Said commission is hereby authorized to employ such clerical and 
other assitance as it may deem necessary for its work, and to call to its 
aid such other assistance as may be available without expense to the State, 
from public or private foundations. 

Sec. 5. That a sum of money not to exceed one thousand dollars ($1,000) 
is hereby appropriated out of the public funds in the hands of the State 
Treasurer not otherwise appropriated for the expenses of said commission 
and its work. 

Sec. 6. That the compensation of the members of the said commission 
shall be five dollars ($5) per day and expenses for the time actually given 
by said commission for carrying out the purposes of this act, and the com- 
pensation of all persons employed by said commission under this act shall be 
fixed by said commission. That the payment of the members of the commis- 
sion and of all employed under this act shall be upon requisition of the chair- 
man of the commission approved by the Governor. Said commission is 
hereby authorized to have all printing necessary for carrying out the pur- 
poses of this act done by the public printer as other public printing is done. 

Sec. 7. The said commission shall make a report of its findings and recom- 
mendations, together with the expenses of the commission, through the Gov- 



Public School Law of ^oeth Carolina 19 

ernor to the General Assembly of one thousand nine hundred and nineteen 
within five (5) days after the convening thereof. 

Sec. 8. That this act shall be in full force and effect from and after its 
ratification. 

Ratified this 6th day of March, A. D. 1917. 



AN ACT TO INCREASE THE ANNUAL STATE APPROPRIATION FOR 
PUBLIC HIGH SCHOOLS FROM $75,000 TO $100,000 

[Chapter 227, Public Lav^'^s 1917.] 

The General Assembly of North Carolina do enact: 

Section 1. That chapter one hundred and thirty-five, Public Laws of one 
thousand nine hundred and eleven, be and the same is hereby amended as 
follows: At the end of line five in section two strike out the word "seventy- 
five" and insert in lieu thereof the words "one hundred." 

Sec. 2. This act shall be in force from and after its ratification. 

Ratified this the 6th day of March, A. D. 1917. 



AN ACT FOR THE REDUCTION AND ELIMINATION OF ILLITERACY 
IN NORTH CAROLINA 

[Chapter 224, Public Laws 1917.] 

The General Assembly of North Carolina do enact: 

Section 1. That the State Board of Education is authorized and directed 
to appropriate annually for two years the sum of twenty-five thousand dollars 
for conducting schools to teach adult illiterates, the said appropriation to be 
made out of funds delivered to said State Board of Education under the terms 
of an act of the General Assembly entitled "An act to issue bonds of the 
State of North Carolina for the permanent enlargement and improvement 
of the State's educational and charitable institutions." 

Sec. 2. That the State Board of Education shall duplicate out of said 
appropriation the sum of money raised and provided by any county, any 
school district, or community for the conduct of any school in said county, 
school district, or community for teaching illiterates over fourteen years of 
age for a term of not less than one month with an enrollment of not less than 
ten. 

Sec. 3. That the State Board of Education is authorized to use annually 
not to exceed five thousand dollars of said appropriation for the organization 
and direction of said work of teaching illiterates under the direction of the 
State Superintendent of Public Instruction. All printing necessary for carry- 
ing out the purposes of this act shall be done by the State Printer as public 
printing to an amount not to exceed five hundred dollars annually. 

Sec. 4. That this act shall be in force from and after its ratification. 

Ratified this the 6th day of March, A. D. 1917. 
2 



20 Public School Law of ^North Carolina 

AN ACT TO AMEND CHAPTER 173 OF THE PUBLIC LAWS OF 1913 
AND CHAPTER 236 OF THE PUBLIC LAWS OF 1915, SO AS TO 
INCREASE THE AGE LIMIT FOR C03IPULS0RT ATTENDANCE FROM 
TWELTE TEARS TO FOURTEEN TEARS 

[Chapter 208, Public Laws 1917.] 

The General Assembly of North Carolina do enact: 

Section 1. That chapter one hundred and seventy-three, Public Laws of 
one thousand nine hundred and thirteen, be and the same is hereby amended 
as follows: (a) In lines four and twenty-four of section one strike out the 
word "twelve" and insert in lieu thereof in each case the word "fourteen" ; 
(&) in line eleven of section one strike out the word "four" and insert in 
lieu thereof the word "six"; (c) in line three of section three strike out the 
word "twelve" and insert in lieu thereof the word "fourteen"; ((Z) in line 
four of section eleven strike out the word "twelve" and insert in lieu thereof 
the word "fourteen." 

Sec. 2. That chapter two hundred and thirty-six of Public Laws of one 
thousand nine hundred and fifteen be and the same is hereby amended as 
follows: (a) Subsection (a) of section three is hereby repealed; (&) amend 
section five by inserting after the word "committee" and before the word "or" 
in line four the words "of the township"; (c) amend section six by striking 
out the word "twelve" in line five and inserting in lieu thereof the word 
"fourteen." 

Sec. 3. That this act shall be in force from and after the first day of Sep- 
tember, one thousand nine hundred and seventeen. 

Ratified this the 6th day of March, A. D. 1917. 



AN ACT TO PROVIDE FOR THE TEACHING OF AGRICULTURE, MANUAL 
TRAINING, AND HOME EC0N03IICS IN THE PUBLIC SCHOOLS OF 
NORTH CAROLINA 

[Chapter 190, Public Laws 1917.] 

The General Assembly of North Carolina do enact: 

Section 1. The Governor of the State of North Carolina shall appoint a 
commission to consist of not less than three members, said commission to 
serve without compensation, whose duty it shall be to prepare courses of 
study in agriculture, manual training, and home economics for the public 
schools of the State; and the State Board of Education shall cause the same 
to be printed in bulletin form, said bulletins to be used in all of the public 
schools of North Carolina as supplementary texts and guides in teaching 
these subjects. These bulletins shall contain courses of study and readily 
usable outlines in nature study; soils and soil fertility; crop producing and 



Public School Law of Xorth Caeolixa 21 

management; gardening and fruit growing; live-stock farming, including 
dairying and poultry raising; forestry; grading, packing, and shipping farm 
products; manual training; home economics, including domestic art and 
domestic science; together with suggestions for rural organization, commu- 
nity building, and rural-life development. 

Sec. 2. These courses shall he divided into two parts, to wit, a course for 
the elementary schools and a course for the high schools. These two major 
groups may be subdivided as the commission deems wise: Provided, that the 
subject-matter in each division and subdivision shall be adapted to the proper 
grades: Provided fuj'ther, that in the course of agriculture, manual train- 
ing, and home economics provision be made, so far as is practicable, for the 
verification and demonstration of the principles taught in the classroom. 

Sec. 3. For the purpose of encouraging the practical application of the 
principles taught in the classroom, the commission shall prepare and pre- 
scribe a system of credits whereby boys and girls shall receive school credit 
for work done outside of school hours upon the farm and in the home: 
Provided, that said system be worked out in cooperation with and in recogni- 
tion of the present system of credits obtaining for work done in the class- 
room as a regular part of school instruction. 

Sec. 4. The commission herein provided for shall fix the minimum time 
to be given to the teaching of agriculture, manual training, and home econo- 
mics in the respective grades; furthermore, the commission shall have in 
mind, in preparing these regulations, the one-teacher school, the two and 
three-teacher school, the four and five-teacher school, and all other regularly 
organized graded schools as distinct types, for which this material is 
to be provided: Provided, that nothing in this act shall require more classes 
to be taught in any school than are now taught as required by the public 
school laws of the State of North Carolina: Provided further, that all boys 
shall be required to have books or bulletins and attend all recitations in 
agriculture and manual training, and that all girls shall be required to have 
books or bulletins and attend all recitations in home economics, when they 
are taking said courses: Provided further, that this shall not be construed 
to exclude boys from taking home economics or girls from taking agriculture 
and manual training, if they so desire. 

Sec. 5. Schools operating in towns of a population of two thousand or 
more may be exempt from the provisions of this act, by permission granted 
such schools through their local boards of education or county board of edu- 
cation: Provided, that this commission shall prepare courses of study in 
home gardening, school gardening, manual training, and home economics 
suited to the needs of such schools. 

Sec. 6. The board of education of any county in North Carolina may se- 
cure by donation, purchase, or condemnation proceedings, or through lease, 
one or not more than two acres of land adjacent to or near any school site, 
for the purpose of verifying and demonstrating the principles taught in the 
classroom under such rules and regulations as the commission may prescribe. 

Sec. 7. The bulletins on agriculture, manual training, and home economics 
shall be published by the State Board of Education, as provided in this act, 
and printed by the State Printer as State printing, and shall be furnished to 
the teachers of the State without cost, and to the children at a price not to 
exceed the actual cost of printing and distributing. The bulletins to be fur- 



22 Public School Law of North Carolina 

nished and distributed through the regular depositories for the distribution 
of text-books, under such rules and regulations as to distribution and as to 
accounting for funds from the sale of same as the State Board of Education 
shall prescribe. The net proceeds from the sale of said bulletins shall be 
placed in the hands of the State Treasurer, to be credited on the cost of 
printing same. 

Sec. 8. All teachers offering to teach any grade above the third in any- 
rural school in North Carolina shall be required to pass an examination in 
the subjects of agriculture, manual training, and home economics, in so far 
as the teaching of these subjects applies to their respective grades, not later 
than twelve months after said bulletins, upon which the work in the respec- 
tive grades is based, shall have been issued. Furthermore, the bulletins here- 
in provided for shall be made a part of the course of study in summer schools 
for teachers, conducted at the various State institutions. Also, that the bul- 
letins provided for herein shall be made a part of the teachers' reading circle 
and teachers' institute work of the State. In addition, each and every county 
superintendent in the State, together with the State Board of Examiners, is 
herewith empowered to require satisfactory evidence, by examination or other- 
wise, of the ability of every teacher, in every county, to teach the subject- 
matter contained in the bulletins herein provided for. 

Sec. 9. That each and every public school in North Carolina shall teach 
agriculture, manual training, and home economics, as prescribed herein, un- 
less exempted from the provisions of this act by meeting the requirements of 
section five. 

Sec. 10. Each and every county superintendent of public instruction in 
North Carolina shall report to the State Superintendent of Public Instruc- 
tion, within sixty days after the beginning of each school in his county, as 
to whether or not such courses as are herein provided for are being taught. 

Sec. 11. That this act shall be in full force from and after its ratification. 

Ratified this the 5th day of March, A. D. 1917. 



AN ACT TO PROTIDE FOR THE PHYSICAL EXAMINATION OF THE 
SCHOOL CHILDREN OF THE STATE AT REGULAR INTERVALS 

[Chapter 244, Public Laws 1917.] 

The General Assembly of North Carolina do enact: 

Section 1. That it shall be the duty of the State Board of Health and the 
State Superintendent of Public Instruction to prepare and distribute to the 
teachers in all of the public schools of North Carolina instructions and rules 
and regulations for the physical examination of pupils attending the public 
schools. The State Board of Health shall have these instructions, rules and 
regulations explained to the teachers in every county in the State by some 
competent physician. 

Sec. 2. Upon receipt of such instructions, rules and regulations, and after 
they shall have been explained by a physician, it shall be the duty of every 
teacher in the public schools to make a physical examination of every child 



Public School Law of Korth Carolina 23 

attending the school and enter on cards furnished by the State Board of 
Health a record of such examination. The examination shall be made at the 
time directed by the State Board of Health and the State Superintendent of 
Public Instruction, but every child shall be examined at least once every 
three years. The State Board of Health and the State Superintendent of 
Public Instruction shall so arrange the work as to cover the entire State once 
in every three years. 

Sec. 3. The teacher shall transmit the record cards made by him to a 
physician in the county designated by the county board of education, and if 
any teacher shall fail to make such examinations or transmit such records 
he may, upon complaint of the State Board of Health and the State Superin- 
tendent of Public Instruction, have his teacher's certificate revoked. 

Sec. 4. The State Board of Health shall designate in each county of the 
State a physician to whom the record cards made out by the teacher shall be 
sent, provided that in counties having a whole-time health officer such officers 
shall be designated. Upon receipt of the record cards the physician shall 
carefully study the same and shall notify the parent or guardian of every 
child whose cards show a serious physical defect, as defined by the State 
Board of Health, to bring such child before him on some Saturday named 
by the physician between the hours of nine a. m. and five p. m. for the pur- 
pose of having said child thoroughly examined, and if upon receipt of such 
notice any parent or guardian shall fail or refuse to bring said child to the 
physician without good cause shown, he shall be guilty of a misdemeanor, 
and shall be fined not more than fifty dollars or imprisoned not more than 
thirty days. 

Sec. 5. The physician designated to make such examinations shall receive 
as compensation for his services the sum of sixty cents for each child 
examined, the same to be paid by the county commissioners of the county: 
Provided, that under no circumstances shall the total amount paid the physi- 
cian for such examinations be more than seven dollars and fifty cents per 
hundred children enrolled in the public schools of the county; and Provided 
further, that whole-time county health officers shall receive no additional 
compensation for making such examinations. 

Sec. 6. After such examination the physician shall notify the parent or 
guardian of each child of any defect discovered by him, and shall advise such 
parent or guardian of the treatment that ought to be given the child. 

Sec. 7. The State Board of Health and the State Superintendent of Public 
Instruction are authorized to make arrangements with the physicians and 
dentists of each county to treat the school children found upon such examina- 
tions to have physical defects upon a reduced schedule of fees; if a satisfac- 
tory arrangement can be made, then the State Board of Health is authorized 
to pay twenty per cent of such reduced cost of treatment, provided the 
county commissioners will pay twenty per cent of such cost of treatment. 

Sec. 8. For the purpose of aiding in the treatment of children found to be 
defective under the provisions of this act, a special appropriation of ten thou- 
sand dollars per annum, or so much thereof as may be necessary, is made to 
the State Board of Health. No part of this appropriation shall be used for 
any purpose other than aiding in the treatment of school children under 
the provisions of this act. 

Sec. 9. This act shall be in effect from and after its ratification. 

Ratified this the 7th day of March, A. D. 1917. 



24 Public School Law of J^orth Carolina 



AlV ACT TO AMEND CHAPTER 55 OF THE PUBLIC LAWS OF 1915, 
RELATIVE TO BOND ISSUES FOR SCHOOL BUILDINGS 

[Chapter 142, Public Laws 1917.] 

The General Assembly of North Carolina do enact: 

Section 1. That chapter fifty-five of the Public Laws of one thousand nine 
hundred and fifteen be and the same is hereby amended by adding at the 
end of section one thereof the following: Provided, that upon petition of one- 
fourth of the resident freeholders in any county, township, or school district 
in which one election has previously been held and carried for a bond issue 
and tax under this act, a second election for increasing the bond issue and 
tax therefor, in said county, township, or school district for the purposes 
herein specified, not to exceed the maximum bond issue and tax herein fixed, 
shall be called and held in the manner herein prescribed for holding the first 
election. 

Sec. 2. This act shall be in force and effect from and after its ratification. 

Ratified this the 5th day of March, A. D. 1917. 



AN ACT PROVIDING FOR THE NOMINATION AND ELECTION OF 
COUNTY BOARDS OF EDUCATION 

[Chapter 74, Public Laws 1917.] 

The General Assemdly of North Carolina do enact: 

Section 1. That in all counties wherein the county board of education 
has heretofore been appointed by the General Assembly under the provisions 
of section four thousand one hundred and nineteen of the Revisal of one 
thousand nine hundred and five, and acts amendatory thereof, there shall be 
nominated in the year one thousand nine hundred and eighteen, and biennially 
thereafter, at the party primaries or conventions, at the same time and in the 
same manner in which other county ofllcers are nominated, a candidate or 
candidates, by each political party of the State, for member or members 
of the county board of education to take the place of the member or members 
of said board whose term next expires. 

Sec. 2. That the names of the persons so nominated in such counties shall 
be duly certified by the chairman of the county board of elections, within ten 
days after their nomination is declared by said county board of elections, to 
the Secretary of State, who shall transmit the names of all persons so nomi- 
nated by such county primaries or conventions, together with the name of the 
political party nominating them, to the next session of the General Assembly 
within ten days after it convenes. That in the event any candidate who shall 
have been nominated as herein provided for shall die, resign, or for any 
reason become ineligible or disqualified between the date of his nomination 
and the time for the election by the General Assembly of the member or 
members of the county board of education for the county of such candidate, 
the vacancy caused thereby may be filled by the action of the county execu- 
tive committee of the political party of such candidate. It shall be the duty 



Public School Law of JSTorth Carolina 25 

of the General Assembly to elect one or more of the candidates so nominated 
as hereinbefore provided for, as a member or members of the county board 
of education for such county. The term of office of each member of said 
county board of education so elected by the General Assembly shall be^n on 
the first Monday of April of the year in which he is elected, and shall con- 
tinue for the term of six years or until his successor is elected and qualified. 

Sec. 3. That all vacancies in the membership of the board of education 
in such counties by death, resignation, or otherwise shall be filled by the 
remaining members of said county board of education until the meeting of 
the next regular session of the General Assembly, and then for the residue 
of the unexpired term by that body. If the vacancy to be filled by the 
General Assembly in such cases shall have occurred before the primary or 
convention held in such county, then and in that event nominations for such 
vacancies shall be made in the manner hereinbefore set out, and such vacancy 
shall be filled from the candidates nominated to fill such vacancy by the party 
primaries or convention of such county: Provided, that all vacancies that 
are not filled by the remaining members of the board under the authority 
herein contained within sixty days from the occurrence of such vacancies, 
shall be filled by appointment by the "Governor of the State. 

Sec. 4. That the county board of elections, under the direction of the 
State Board of Elections, shall make all necessary provisions for such nomi- 
nations as are herein provided for. 

Sec. 5. That all laws and clauses of laws providing for the election of 
county superintendents of public instruction by the popular vote of the 
people of any county are hereby repealed; and all county superintendents of 
public instruction shall hereafter be elected by the county boards of educa- 
tion as prescribed in section four thousand and thirty-five of the Revisal 
of nineteen hundred and five. 

Sec. 6. That all laws and clauses of laws in confiict with the provisions 
of this act are hereby repealed. 

Sec. 7. That this act shall be in force from and after its ratification. 

Ratified this the 26th day of February, A. D. 1917. 



AN ACT TO AMEND SECTION 4 OF CHAPTER 525, PUBLIC LAWS OF 
1909 OF NORTH CAROLINA, BEING A PART OF THE PUBLIC 
SCHOOL LAW 

[Chapter 188, Public Laws 1917.] 

The General Assembly of North Carolina do enact: 

Section 1. That section four of chapter five hundred and twenty-five, 
Public Laws of nineteen hundred and nine of North Carolina, be and the 
same are hereby amended by inserting in line nine thereof, after the word 
"section" and before the word "indorsed," the following words: "the same 
shall be," and after the word "education" and before the word "the," in line 
ten thereof, insert the word "and"; and in line thirteen thereof strike out 
the colon following the word "elections," preceding the first proviso, and 



26 Public School Law of ;N"orth Carolina 

insert in lieu thereof a comma, and also insert the following words: "and it 
is hereby made the duty of the board of education to indorse said petition 
when presented containing the proper number of names of qualified voters, 
and this ifrovision is made mandatory, and the board is allowed no discretion 
to refuse to indorse the same when so presented: Provided further, that the 
provisions of this act shall not apply when such school special-tax district is 
in debt in any sum whatever." 

Sec. 2. That all laws and clauses of laws in conflict with the provisions of 
this act be and the same are hereby repealed. 

Sec. 3. That this act shall be in force from and after its ratification. 

Ratified this the 6th day of March, A. D. 1917. 



AN ACT TO PROVIDE FOR THE LEVYING OF SPECIAL SCHOOL TAXES 
IN CITIES AND TOWNS, AND TO AMEND SECTION 4115, REVISAL 
OF 1905 

[Chapter 102, Public Laws 1917.] 

The General Assembly of North Carolina do- enact: 

Section 1. That when any graded, public, or high school district that in- 
cludes any incorporated city or town, when the district is confined to incor- 
porated cities or towns, the board of aldermen or other governing body of 
such city or town shall, upon the written petition of one-third of the qualified 
voters within such city or town, order an election; but where the said 
district includes also any part of the county not within an incorporated city 
or town, the board of county commissioners of the said county shall, upon 
written petition of one-third of the qualified voters within said district, order 
an election; the said election in each case to be held on the question of levy- 
ing an additional special annual tax to the amount specified by said school 
trustees in their said petition for the maintenance of the said school's of the 
said district. Such election shall be ordered, advertised, and held in the 
same manner as is now or may be hereafter provided by law for municipal 
or general elections where the same is entirely within the corporate limits of 
the city or town; but where the said election is for a district that includes, 
in addition, any portion of the county not within the corporate limits of the 
city or town, then the said election shall be ordered, advertised, and held in 
the same manner as is now or may be hereafter provided by law for election 
of members of the General Assembly. At such election those who favor the 
levy and collection of said tax shall vote a ballot on which shall be written 
or printed the words "For special school tax," and those who are opposed 
shall vote a ballot on which shall be written or printed the words "Against 
special school tax." It shall be the duty of the governing authorities of the 
city or town where the election is held entirely within the corporate limits 
of the city or town, but it shall be the duty of the county commissioners 
where the district in which the election is held includes any part of the 
county not within the corporate limits of the city or town, to declare the 
result of said election. If a majority of the qualified voters at said election 
shall vote in favor of said tax, the same shall be annually levied and collected 
in the manner prescribed for the levy and collection of other taxes. All 



Public School Law of ^orth Cakolixa 27 

money levied and collected under the provisions of this section shall be placed 
to the credit of the board of trustees of said schools, to be by them expended 
exclusively for the maintenance of the said schools within the tax district 
in which the said election is held. 

Sec. 2. That all elections ordered under the provisions of this act shall be 
ordered and held within sixty days after the filing of the petition mentioned 
in section one of this act, with the board of commissioners or other govern- 
ing body of said city, town or county, or with the clerk or secretary of such 
board or body; and if any such election shall be held prior to the first day 
of June of any year, the tax authorized by such election shall be levied 
and collected for the current year; but if such election shall be held after 
the first day of June of any year, the tax authorized by such election shall 
not be levied and collected until the following year. 

Sec. 3. That the aggregate of all school taxes annually levied and collected 
under the provisions of this act, and of any other law, general or special, 
heretofore enacted (other than taxes levied and collected for the purpose of 
paying the interest or principal of public, graded, or high school bonds), 
shall not exceed one dollar on the hundred dollars worth of property. 

Sec, 4. The board of trustees of the said schools of any incorporated 
city or town may, in their discretion, lease the school grounds within 
the corporate limits of the said city or town to the proper city or town 
authorities for use as a public or municipal park during such period of the 
year as the same are not used for school purposes; and all money derived 
therefrom shall be used and accounted for by said school trustees exclusively 
for the maintenance of the public, graded, or high schools of such city or 
town. 

Sec. 5. That section four thousand one hundred and fifteen of the Re- 
visal of one thousand nine hundred and five, as amended by Acts one thou- 
sand nine hundred and three, chapter four hundred and thirty-five, section 
twenty-four; one thousand nine hundred and five, chapter five hundred and 
thirty-three, section fourteen; one thousand nine hundred and nine, chapter 
five hundred and twenty-five; one thousand nine hundred and eleven, chapter 
one hundred and thirty-five; Acts one thousand nine hundred and fifteen, 
chapter two hundred and thirty-five, be further amended by adding thereto 
the following: ''Provided further, that when it shall be ascertained upon 
written petition of one-third of the qualified voters of the special-tax district, 
indorsed by the county board of education, that the special tax levied under 
this section shall be inadequate to maintain and support the school or schools 
of said special-tax district, then it shall be competent to hold an election 
in said district to increase the special tax levy upon real estate and polls to an 
amount not exceeding fifty cents on the one hundred dollars valuation of 
property and one dollar nad fifty cents on the poll; and such election shall 
be called and held in the same manner as the election for creating the special- 
tax district as in said section provided, but no such election shall be held 
oftener than once in two years." 

Sec. 6. That elections under the provisions of this act shall be held not 
oftener than once a year. 

Sec. 7. That all laws and clauses of laws in conflict with this act are 
hereby repealed. 

Sec. 8. That this act shall be in force from and after its ratification. 

Ratified this the 1st day of March, A. D. 1917. 



28 Public School Law of Noeth Carolina 



AN ACT TO IMPROVE THE SOCIAL A>:^ EDUCATIONAL CONDITIONS 
OF RURAL COMMUNITIES 

[Chapter 186, Public Laws 1917.] 

The General Assembly of NoTth Carolina do enact: 

Section 1. It shall be tLe duty of the State Superintendent of Public In- 
struction to provide for a series of rural entertainments, varying in number 
and cost and consisting of moving pictures selected for their entertaining 
and educational value, which entertainments may be given in the rural school 
houses of the State as herein provided. 

Sec. 2. The cost of such entertainment shall be borne one-third by the 
State and two-thirds by the county board of education or the rural school 
community desiring said entertainment. 

Sec. 3. It shall be the duty of the State Superintendent of Public Instruc- 
tion to inform the various county boards of education of the number, charac- 
ter, and cost of the entertainments provided by him under the provisions 
of this act; and upon application of any county board of education, agreeing 
to pay two-thirds of the cost of any of said entertainments it shall be the 
duty of the State Superintendent of Public Instruction to provide for the 
giving. of such entertainments in the rural school house or houses designated 
in said application. Any rural school community shall be entitled to the 
benefits of this act by depositing with its county board of education two- 
thirds of the cost of entertainments desired, and in all cases it shall be the 
duty of the county board of education receiving such deposits to make 
immediate application to the State Superintendent of Public Instruction as 
herein provided. 

Sec. 4. The State Board of Health and the Commissioner of Agriculture 
are hereby authorized and directed to cooperate with the State Superintend- 
ent of Public Instruction in arranging for the entertainments provided for 
by this act to the end that said entertainment may, if it is deemed advisable, 
include the subjects of public health and agriculture. 

Sec. 5. In order to carry out the provisions of this act the sum of twenty- 
five thousand dollars per annum is hereby appropriated out of the general 
funds of the State not otherwise appropriated, to be expended by the State 
Board of Education under the direction and supervision of the State Superin- 
tendent of Public Instruction. 

Sec. 6. This act shall be in full force from and after its ratification. 

Ratified this the 6th day of March, A. D. 1917. 



AN ACT TO PERMIT HIGH SCHOOL PUPILS TO ATTEND THE PUBLIC 
HIGH SCHOOLS OF ADJOINING COUNTIES 

[Chapter 211, Public Laws 1917.] 

The General Assembly of North Carolina do enact: 

Section 1. The boards of education of any adjoining counties may permit 
pupils, upon such terms as they may deem just, of the adjoining county, en- 
titled to attend the public high school of their own counties, to attend the 



Public School Law of ^orth Carolina 29 

public high school of said adjoining county in all respects as if the school 
were located in their own county, when it shall appear that such permission 
may be made in justice to the schools and will be in the interest of con- 
venience and economy. 

Sec. 2. This act shall be in force from and after its ratification. 

Ratified this the 6th day of March, A. D. 1917. 



A]V ACT TO AMEND CHAPTER 33 OF THE PUBLIC LAWS OF 1913, AS 
AMENDED BY CHAPTER 236 OF THE PUBLIC LAWS OF 1915, RE- 
LATINO TO THE APPORTIONMENT OF THE STATE EQUALIZING 
FUND 

[Chapter 281, Public Laws 1917.] 

The General Assembly of North Carolina do enact: 

Section 1. That chapter thirty-three of the Public Laws of one thousand 
nine hundred and thirteen, as amended by chapter two hundred and thirty-six 
of the Public Laws of one thousand nine hundred and fifteen, be and the same 
is hereby amended as follows: 

(a) Strike out all of section four and insert in lieu thereof the following: 
"Sec. 4. On or before the first Monday in December of each and every year 
the county board of education of each and every county entitled to aid from 
this fund shall submit to the State Board of Education, on blanks furnished 
for that purpose by the State Superintendent of Public Instruction, a sworn 
itemized statement by districts, showing the number of teachers employed 
in each district, the grade or class and the salary of each teacher, and such 
other information as may be required. Said statement shall further show 
under oath that provision has been made as required by law for a four 
months school term in each district of said county, the rate of special tax levied 
therefor, and the aggregate fund derived or to be derived thetefrom. On or 
before the first Monday in February of each year the State Treasurer shall 
certify to the State Board of Education the amount of said State equalizing 
school fund derived and to be derived from said five cents property tax 
levied and set aside from the State tax levy on every hundred dollars value 
of real and personal property in the State during the school year ending 
June thirtieth thereafter, and the State Board of Education shall apportion 
said fund among all the counties of the State that have complied with all 
the requirements of this act, as follows: It shall first apportion to each 
county whose funds are insufficient, after having levied the maximum tax 
required under this act, to provide a four months term in every school dis- 
trict, a sufficient sum to bring the term in each school district in said county 
to four months. It shall then apportion the remainder of said equalizing 
fund among all the counties of the State that have complied with all the pro- 
visions of this act, so as to provide for the payment of the salaries of all teach- 
ers in each county for an equal number of days. The salaries apportioned 
from said fund for teachers shall not exceed forty dollars per month for first 
grade, thirty dollars per month for second grade, and twenty dollars per 
month for third grade, and shall in no event exceed the salaries actually 
paid from the county fund, if less than these amounts. The State Board of 



30 Public School Law of ^orth Carolina 

Education shall apportion this fund only for the salaries of teachers em- 
ployed, and no part of said fund shall be apportioned or used for any other 
purpose than for the payment of the salaries of the said teachers for the 
period designated by the State Board of Education in the apportionment to 
each county, and each county receiving an apportionment from this fund 
shall maintain, in addition to the term provided by the county funds, an ex- 
tended term of not less than the number of days for which the apportionment 
from this fund is made and designated by the State Board of Education." 

(&) Amend section six by striking out all of that part of said section fol- 
lowing the word "teachers" in line eight thereof, and inserting in lieu 
thereof the following: "sufficient to bring the term in every district to four 
months, and shall then be entitled to participate with the other counties of 
the State in the apportionment of the remainder of said fund under the pro- 
visions of this act." 

Sec. 2. All laws and clauses of laws in conflict with the provisions of 
this act are hereby repealed. 

Sec. 3. This act shall be in force from and after its ratification. 

Ratified this the 7th day of March, A. D. 1917. 



AN ACT A3IE1VDAT011Y TO CHAPTER 88 OF THE PUBLIC LAWS OF 
1013, WITH REFERENCE TO TAX LEVY PROVIDING FOR SIX 
MONTHS SCHOOL TERM 

[Chapter 109, Public Laws 1917.] 

Whereas the several counties of the State were given authority by chapter 
eighty-eight of the Public Laws of one thousand nine hundred and thirteen 
to increase their tax levy for the years one thousand nine hundred and thir- 
teen and one thousand nine hundred and fourteen, to the extent that the State 
tax levy was increased in the year one thousand nine hundred and thirteen, 
to provide for a six months public school term; and whereas a number of 
counties of the State find it necessary to continue the levy of an increased 
tax for county purposes to the extent that the State tax levy was increased 
in one thousand nine hundred and thirteen to provide for the six months 
public school term: Now, therefore, 

The General AssemMy of North Carolina do enact: 

Section 1. That chapter eighty-eight of the Public Laws of one thousand 
nine hundred and thirteen be amended by inserting after the word "August," 
in line four of said section, the words, "and annually thereafter." 

Sec. 2. That any tax levy made by the board of commissioners of any 
county in the State for the years one thousand nine hundred and fifteen 
and one thousand nine hundred and sixteen, not in excess of that authorized 
by chapter eighty-eight of the Public Laws of one thousand nine hundred 
and thirteen for the years one thousand nine hundred and thirteen and one 
thousand nine hundred and fourteen, be and the same is hereby ratified and 
confirmed. 

Sec. 3. That this act shall be in force from and after its ratification. 

Ratified this the 2d day of March. A. D. 1917. 



Public School Law of !N'orth Carolina 31 



AX ACT TO A3IEND CHAPTER 81 OF THE PUBLIC LAWS OF NORTH 
CAROLINA, SESSION OF 1915, AUTHORIZING GOYERNING BODIES 
OF TOWNS AND CITIES TO ISSUE, UPON APPROVAL BY A TOTE 
OF THE PEOPLE, BONDS FOR PURCHASING SITES, ERECTING 
BUILDINGS, ETC., FOR SCHOOL PURPOSES 

[Chapter 130, Public Laws 1917.] 

The General Asseml)ly of North Carolina do enact: 

Section 1. That section four of chapter eighty-one, Public Laws of one 
thousand nine hundred and fifteen, be amended as follows: 

(a) By inserting after the word "property" and before the word "in," in 
line four of said section, the following words: "and polls, observing the con- 
stitutional ratio." 

(ft) By inserting after the word "property" and before the word "in," in 
line eight of said section, the following words: "and polls, observing the 
constitutional ratio." 

Sec. 2. That all laws and clauses of laws in conflict with this act are 
hereby repealed. 

Sec. 3. That this act shall be in force from and after its ratification. 

Ratified this 5th day of March, A. D. 1917. 



AN ACT TO PROVIDE FOR THE ENLARGEMENT OF GRADED SCHOOL 
DISTRICTS IN INCORPORATED TOWNS 

[Chapter 104, Public Laws 1917.] 

The General Assembly of North Carolina do enact: 

Section 1. That any graded school district in an incorporated city or town 
may be enlarged so as to include territory situate outside of and contiguous 
to the corporate limits of such city or town in the manner hereinafter pro- 
vided. 

Sec. 2. That upon the written petition of a majority of the members of 
the school committee or board of trustees of such graded school district, 
which petition shall describe the boundaries of the territory to be taken in 
and included, and which shall be indorsed by the county board of education, 
the board of county commissioners shall order an election to be held in the 
new territory to be so included. 

Sec. 3. That the election so ordered shall be held in the manner and form 
provided by law for elections for the establishment of special school tax dis- 
tricts. 

Sec. 4. That in case a majority of the qualified voters in the new territory 
shall vote at such election in favor of a special tax of the same rate as that 
authorized and collected in the graded school district to which the said 
territory is contiguous, then the said territory shall be added to and become 



32 Public School Law of ^orth Carolina 

a part of the said graded school district", and in case a majority shall vote 
against said tax, the district shall not be so enlarged. 

Sec. 5. That upon the enlargement of such graded school district as pro- 
vided by this act, there shall be levied and collected annually in the new 
territory a special tax, which tax shall not exceed that levied and collected 
in the original graded school district, and the said special tax in the new 
territory shall be levied and collected by the county authorities in the man- 
ner provided for the collection of other taxes. 

Sec. 6. That upon the collection of such tax the same shall be placed to 
the credit of the committee or trustees of the said graded school district so 
enlarged. 

Sec. 7. That all laws and clauses of laws in conflict with this act are 
hereby repealed. 

Sec. 8. That this act shall be in force from and after its ratification. 

Ratified this the 1st day of March, A. D. 1917. 



AN ACT TO PKOVIDE FOE THE IIVCORPORATION OF RURAL 
COMMUNITIES 

[Chaptek 128, Public Laws 1917.] 

The General Assembly of North Carolina do enact: 

Section 1. That the people of any community in North Carolina, upon 
petition signed by a majority of the registered voters of such community, 
embracing in area one or more contiguous school districts, may be incorpo- 
rated upon the provisions of this act, the title of such corporate body being 

"The Community of County (or counties)," the 

name of community and county (or counties) to be supplied in the petition 
for incorporation. 

Sec. 2. The petition for incorporation shall be addressed to the Secre- 
tary of State in his office in Raleigh, who, if such petition is in due form, 
shall then issue the certificate of incorporation without charge tberefor. 

Sec. 3. The registered voters of each community incorporated under the 
provisions of this act shall hold a public community meeting on the first 
Saturday in January of each year, or on such other day as may be specified 
in the petition for incorporation. The place of such meeting shall also be 
designated in the peti^tion of incorporation, but may be changed at any annual 
meeting, to take effect at the following annual meeting, notice of such change 
to be posted in six public places in such community. At such annual com- 
munity meeting the voters may adjourn to meet at some other specified 
date, and other meetings may be held upon petition signed by 10 per cent 
of the registered voters of the community, provided notice of such meeting 
is posted at six public places in such community at least two weeks prior 
to such meeting. Questions involving the levy of any tax, however, shall be 
decided only at the regular annual community meeting. 

Sec. 4. At each annual community meeting, as provided in section 3 of 
this act, the voters shall elect three persons, to be known as the "Board of 



Public School Law of J^orth Carolina 33 

Directors of Community," one of whom shall be designated as 

chairman and another as secretary-treasurer, each performing the duties 
suggested by his title. 

Sec. 5. The board of directors of each community shall be charged with 
the duty of enforcing and executing such ordinances as the community may 
adopt, and performing such other functions, not inconsistent with the laws 
of North Carolina or the United States, as the community meetings may di- 
rect. The annual compensation, if any, of such board of directors, or any 
member thereof, shall be fixed at each annual meeting in like manner as 
taxes are levied. 

Sec. 6. At each public meeting of the registered voters of a community 
they shall have the right to adopt, amend, or repeal ordinances, provided 
such action is not inconsistent with the laws of North Carolina or the 
United States, concerning the following subjects: the public roads of the 
community; the public schools of the community; regulations intended to 
promote the public health; police protection; the abatement of nuisances; 
the care of paupers, aged or infirm persons; to encourage the coming of new 
settlers; the regulation of vagrancy; aids to the enforcement of State 
and National laws; the collection of community taxes; the establishment 
and support of public libraries, parks, halls, playgrounds, fairs, and other 
agencies of recreation, education, health, music, art and morals. 

Sec. 7. That for the promotion of any of the objects mentioned in section 
6 of this act the registered voters of any incorporated community, in annual 
community meeting assembled, shall have the right to levy taxes upon the 
property of the community, within limits hereinafter set forth, either for 
specific purposes or for the general use of the community, upon a method 
of tax division among varying objects as agreed upon by such annual com- 
munity meeting: Provided, that the aggregate taxes levied for such com- 
munity purposes shall not exceed five mills annually oil each dollar of 
taxable property. 

Sec. 8. No community meeting may levy a tax unless a majority of 
the registered voters of the community are present at such meeting, and 
vote by ballot for such tax; but if at any annual community meeting the 
majority of the voters present desire it, whatever their number, they may 
submit the question of levying such a tax to the qualified voters of the 
community at an election to be held not earlier than thirty (30) days sub- 
sequently to such meeting. If the community meeting shall desire to submit 
separately the question of tax levy for different purposes, it shall mention a 
name of not more than six words by which each such tax shall be distin- 
guished, as, for example, road tax; public library tax; or such community 
meeting may submit the question of a tax levy for various purposes under 
the title, "For Community Tax." At the election herein provided for, each 

voter may deposit a ballot marked "For Tax" or "Against 

Tax"; and if a majority of the votes cast at such election shall be for said 
tax, then the proposed tax levy shall be enforced, and the tax collected 
at the same time and in the same manner as State and county taxes; or 
such incorporated community through its mass-meeting or board of direc- 
tors may name a collector of community taxes and fix his compensation, re- 
quiring both tax collector and treasurer to give bonds for appropriate 
amounts. 



34 Public School Law of j^orth Carolina 

Sec. 9. The Bureau of Community Service, now directed by the State 
Departments of Education, Agriculture, and Health, the State College of 
Agriculture and Mechanic Arts, and other agencies, is hereby charged with 
the duty of securing from the communities of the State incorporated under 
this act, reports as to what each community is doing for the promotion of 
the purposes mentioned in section 6 of this act; and the aforesaid Bureau 
of Community Service shall furnish the officers of such incorporated com- 
munities forms for keeping records, accounts, etc., and for making reports. 
Said Bureau shall also provide forms and instructions to citizens of the 
State desiring to petition for incorporation under the provisions of this 
act, and shall publish annually a summary of the work accomplished by 
incorporated communities. The members of the board of directors of such 
incorporated communities are required to render such reports to the Bureau 
of Community Service, and to post copies of same, together with an itemized 
statement of receipts, disbursements, and balances for the year, in six 
public places in the community, under the penalty, upon conviction, of a 
fine of $25 each, to be paid into the public school fund of the community: 
Provided, that all printing required under this act shall be paid for by the 
State Department of Education, 

Sec. 10. Said board of directors may adopt standards for the production 
and marketing of produce, canned vegetables, etc., and may adopt labels, 
trade names, and brands for the same, and regulate their use, requiring the 
inhabitants of said community "to comply with the standards set and adopted 
by the directors before they can use the brand, trade name, or labels, for 
said community; and said board of directors may adopt such regulations as 
may be necessary to protect said brands, trade names, etc.; may have an 
inspection of the goods sold thereunder, and may take any and all necessary 
steps looking to a system of community standard production, and of coopera- 
tive marketing. 

Sec. 11. Any magistrate residing within the boundaries of a community 
incorporated under this act shall have power to hear and try all cases aris- 
ing from violation of ordinances adopted by such community: Provided, that 
if there is no magistrate residing within the boundaries of the community, 
the community shall at each annual meeting nominate some suitable person 
living within its confines who shall be appointed community magistrate by 
the Governor of the State, with all the power of a magistrate within the 
bounds of said community. 

Sec. 12. That each person charged with the duty of registering voters in 
an election precinct embraced in whole or in part in any incorporated com- 
munity shall furnish the chairman of the board of directors of such incor- 
porated community a complete list of the registered voters in his precinct 
at the preceding State election, and from such list the board of directors shall 
compile an oflScial list of registered voters residing in the community, for 
use in connection with the enforcement of this act, such registrar receiving 
one-half cent fo^ each such name so furnished, to be paid for by the com- 
munity. 

Sec. 13. All laws and clauses of laws in conflict with this act are hereby 
repealed. 

Sec. 14, That this act shall be in force from and after its ratification. 

Ratified this the 5th day of March, A. D. 1917. 



Public School Law of ]^orth Carolina 35 



AX ACT TO AUTHORIZE THE BOARD OF COUNTY COMMISSIONERS 
AND THE COUNTY BOARD OF EDUCATION OF ANY COUNTY TO 
CO-OPERATE WITH THE TRUSTEES OF ANY PUBLIC LIBRARY IN 
ANY CITY OR TOWN IN EXTENDING THE SERTICE OF SUCH 
LIBRARY TO RURAL C03IMUNITIES 

[Chapter 149, Public Laws 1917.] 

The General Assembly of North Carolina do enact: 

Section 1. That the board of county commissioners and the county board 
of education of any county in which there is a public city or town library, 
are hereby authorized and empowered, in their discretion, to cooperate with 
the trustees of said library in extending the service of such library to the 
rural communities of the county, and to appropriate out of the funds under 
their control an amount sufficient to pay the expense of such library exten- 
sion service. 

Sec. 2. This act shall be in force from and after its ratification. 

Ratified this the 5th day of March, A. D. 1917. 



AN ACT TO ACCEPT THE PROVISIONS OF THE S3IITH-HUGHES 
VOCATIONAL EDUCATION BILL 

[Chapter 95, Public Laws 1917.] 

The General Assembly of North Carolina do enact: 

Section 1. That legislative assent be and the same is hereby given to the 
purposes of a bill now pending in the National Congress, known as the Smith- 
Hughes Vocational Education Bill, entitled "An act to provide for the promo- 
tion of vocational education; to provide for cooperation with the States in 
the promotion of such education in agriculture and the trades and indus- 
tries; to provide for cooperation with the States in the preparation of teach- 
ers of vocational subjects, and to appropriate money and regulate its expen- 
diture," and that the money appropriated by this act, known as the "Smith- 
Hughes Act," be and the same is hereby accepted on the part of the State, 
for the benefit of the State, in accordance with the provisions of the said act. 

Sec. 2. That in accordance with the further provisions of said act, a State 
Board of Vocational Education be herewith duly created, said board to 
consist of the State Superintendent of Public Instruction, the President of 
the North Carolina College of Agriculture and Mechanic Arts, and the 
director of the Agricultural Extension Service of the State, said board to 
administer the funds accruing to the State, under the provisions of said act, 
in actual accordance with the provisions of said act. 

Sec. 3. That this act shall be in force from and after its ratification, and 
that all acts and, Tarts of acts in contradiction of this act be and the same 
are herewith repealed. 

Ratified this the 1st day of March, A. D. 1917. 
3 



36 Public School Law of ISTorth Carolina 



AN ACT TO VEST IN THE STATE BOARD OF EDUCATION LANDS 
WHICH HATE BEEN SOLD FOR TAXES AND THE TITLE THERETO 
ACQUIRED BY THE STATE 

[Chapter 209, Public Laws 1917.] 

The General Assembly of North Carolina do enact: 

Section 1. All lands which have been sold for taxes, and by reason thereof 
the title thereto acquired by the State, are hereby vested in the State Board 
of Education, 

Sec. 2. This act shall be in force from and after its ratification. 

Ratified this the 6th day of March, A. D. 1917. 



AN ACT TO MAKE THE STATE TREASURER CUSTODIAN OF THE 
STATE'S SHARE OF THE SMITH-HUGHES CONGRESSIONAL VO- 
CATIONAL EDUCATION FUND 

[Chapter 270, Public Laws 1917.] 

The General Assembly of North Carolina do enact: 

Section 1. That the State Treasurer is hereby designated the custodian 
for the State's share of the apportionment of the Smith-Hughes Congres- 
sional Vocational Education Fund, and he is hereby authorized to receive and 
provide for the proper custody and disbursement of all money paid to the 
State from said appropriation. 

Sec. 2. This act shall be in force from and after its ratification. 

Ratified this the 7th day of March, A. D. 1917. 



AN ACT TO AMEND CHAPTER 141, EXTRA SESSION OF 1908, IN 
REGARD TO COMPULSORY EDUCATION OF THE BLIND 

[Chapter 254, Public Laws 1917.] 

The General Assemhly of North Carolina do enact: 

Section 1. That chapter 141, pertaining to the compulsory education of 
the blind, be so amended that after section "five" (5) the following be in- 
serted: "The sheriffs of the various counties of the State of North Carolina 
shall be required to enforce the provisions of this act in all cases of blind 
children reported to them by the superintendent of the said State School for 
the Blind and the Deaf; that said sheriffs shall have authority to reimburse 
themselves for such services and expenses as are entailed upon them in 
executing the provisions of this act." And further, in order to aid the 
superintendent of the said School for the Blind and the Deaf in securing 
the attendance of blind children upon the said school, that the various 
railroads operating in the State of North Carolina may grant him transpor- 
tation without charge. 



Public School Law of IN'oeth Carolina 37 

Sec. 2. That this paragraph shall be numbered section six (6) in said 
chapter one hundred and forty-one, and section six (6) of the said chapter 
shall be numbered seven (7). 

Sec. 3. That this act shall be in force from and after its ratification. 

Ratified this the 7th day of March, A. D. 1917. 



AN ACT TO ENABLE THE STATE BOARD OF EDUCATION TO PROTECT 
ITS INTEREST IN LANDS SOLD FOR TAXES OR OTHERWISE 

[Chapter 246, Public Laws 1917.] 

The General Assemhly of North Carolina do enact: 

Section 1. That whenever any lands in which the State Board of Educa- 
tion has an interest, either by way of mortgage or otherwise, are advertised 
to be sold for any taxes, special assessment, or under any lien, the State 
Board of Education is authorized, if in its judgment it is necessary to pro- 
tect the interest of the State Board, to appear at any sale of such lands and 
to buy the same as any other person would, and, for the purpose of paying 
therefor, use any funds which the State Board of Education may have on 
hand, or, if necessary, borrow the money with which to make such pur- 
chase and to execute its note or notes therefor, and may use any funds com- 
ing to the State Board of Education from the sale of any property or other- 
wise pay such note or notes. 

Sec. 2. This act shall be in force from and after its ratification. 

Ratified this the 7th day f March, A. D. 1917. 



AN ACT TO AMEND SECTION 4048 OF THE REYISAL OF 1905 OF 
NORTH CAROLINA 

[Chapter 287, Public Laws 1917.] 

The General Assembly of North Carolina do enact: 

Section 1. That section four thousand and forty-eight of the Revisal of 
one thousand nine hundred and five of North Carolina be amended as fol- 
lows, to wit: Strike out the period at the end of said section and insert in 
lieu thereof a colon, and add to said section the following: "and that no 
statute of limitation shall be a bar to the State Board of Education or of its 
assigns in the trial of any action in any court of competent jurisdiction 
against any person, firm, or corporation for damages for timber heretofore 
or hereafter cut and removed from lands owned by the board of education, 
or for any other acts of trespass committed on said lands." 

Sec. 2. That all laws and clauses of laws in conflict with this act are 
hereby repealed. 

Sec. 3. That this act shall be in force from and after its ratification. 

Ratified this the 7th day of March, A. D. 1917. 



THE PUBLIC SCHOOL LAW 



The following is the Public School Law of one thousand nine hundred and 
five, as amended by the General Assembly of one thousand nine hundred and 
seven, one thousand nine hundred and nine, one thousand nine hundred and 
eleven, one thousand nine hundred and thirteen, one thousand nine hun- 
dred and fifteen, and one thousand nine hundred and seventeen. Each 
division of the law is preceded by a succinct summary and contains explan- 
atory notes, the whole being followed by decisions bearing on its interpre- 
tation. 

1. APPLICATION^ OF CHAPTER 

4029. This chapter not applicable to certain schools; such schools 
REGULATED. The provisious of this chapter shall not apply to any township, 
city or town now levying a special tax for schools and operating under special 
laws or charters, or to schools operating under section forty-seven, chapter 
one hundred and ninety-nine, laws of one thousand eight hundred and eighty- 
nine. School districts in any city or town now operating under section 
forty-seven, chapter one hundred and ninety-nine, laws of one thousand 
eight hundred and eighty-nine, are hereby continued, and all vacancies in 
the school committees therein shall be filled by the county board of educa- 
tion. If such districts comprise a township, there shall not be appointed 
township school committeemen for such township, and all apportionments 
shall be made directly to the committee of such districts. The superin- 
tendent and treasurer of all such schools receiving any part of the public 
school fund shall be required to make to the State Superintendent and the 
county superintendent such reports as these officers shall demand and as are 
made by other public schools to them, and shall be under the general super- 
vision of the State Superintendent of Public Instruction. 

1901, c. 4, s. 73; 1903, c. 435, s. 25. 

[This section requires the proper officers of town and city schools to make 
reports to the State Superintendent.] 

II. THE STATE BOARD OF EDUCATION 

Summary. — The State Board consists of the Governor, the Lieutenant- 
Governor, THE Secretary of State, the Treasurer, the Auditor, the Super- 
intendent of Public Instruction, and the Attorney-General; has corporate 
powers; the Governor is preside>^t, the State Superintendent is secretary; 
it must keep a record of its proceedings, and succeeds to all the powers of 
"the president and directors of the literary fund." This board may make 
rules for the government and regulation of the public schools and has 
vested in it the property and management of the literary fund of the 
State.* 



*The state Board of Education, in addition to the above, has control of the Colored Normal 
Schools (Rev. 1905, 4180-4186), and is the Text-book Commission (Rev. 1905, 4057-4084). 
The State Board also elects directors of State Normal and Industrial College (Rev. 1905, 
4252). The trustees of the East Carolina Training School are also elected by this board 
(Laws 1907). 



Public School Law of I^orth Carolina 39 

4030. Incorporated. The Governor, Lieutenant-Governor, Secretary of 
State, Treasurer, Auditor, Superintendent of Public Instruction and Attorney- 
General shall constitute the State Board of Education, and by the name, the 
State Board of Education, are created a corporation, and by that name may 
sue and be sued; may have a common seal; may acquire, receive and hold 
real, personal and mixed property, by purchase, gift, devise or otherwise, 
and may sell, dispose of and convey the same; and may contract and be 
contracted with, for the purposes provided in this chapter and for such other 
purposes as may be prescribed by law, and to that end may make such by-laws 
for its government and the exercise of its powers, and alter the same from 
time to time in its discretion as shall not be in conflict with the laws of the 
State and of the United States; and shall be vested with all other powers 
conferred upon corporations under the general law relating to corporations. 

Const, Art. IX, ss. 8, 9, 10; Code, s. 2503; 1881, c. 200; 1903, c. 567, s. 7. 

4031. Officers; quorum; meetings; expenses. Of the board, the Gov- 
ernor shall be president, the Superintendent of Public Instruction shall be 
secretary, and the Treasurer of the State shall be treasurer, and a majority 
of the board shall constitute a quorum for the transaction of business. The 
board shall hold its meetings in the Executive office, and shall meet at such 
times as a majority of the members may appoint; but the Governor may 
call a meeting at any time. The contingent expenses of the board shall be 
provided for by the General Assembly. 

Const., Art. IX, ss. 9, 12, 13; Code, s. 2504; 1881, c. 200, s. 2. 

4032. Proceedings recorded. All the proceedings of the board shall be 
recorded in a well-bound and suitable book, which shall be kept in the office 
of the Superintendent of Public Instruction. 

Code, s. 2505; 1881, c. 200, s. 3. 

4033. Succeeds to powers and property, etc., of literary fund. The State 
Board of Education shall succeed to all the powers and trusts of the "president 
and directors of the literary fund of North Carolina," and shall have full 
power to legislate and make all needful rules and regulations for the govern- 
ment of the public schools and for the management of the State educational 
fund; but all such acts, rules, and regulations of the board may be altered, 
amended, or repealed by the General Assembly, and when so altered, amended 
or repealed shall not be reenacted by the board; and the board shall succeed 
to and have all the property, powers, rights, privileges and advantages which 
in any wise belonged or appertained to the "president and directors of the 
literary fund of North Carolina," and may, in its own name, assert, use, apply 
and enforce the same. 

Const., Art. IX, s. 10; Code, s. 2506; 1881, c. 200, s. 4; R. C, c. 66; R. S., 
cc. 66, 67. 

4034. Accounts kept; reports made. The State Treasurer shall keep a fair 
and regular account of all the receipts and disbursements of the State literary 
fund, and shall report the same to the General Assembly at the same time 
when he makes his biennial account of the ordinary revenue; and the State 
Board of Education shall report to the General Assembly the manner in 
which the fund has been applied or invested, with such recommendations 
for the improvement of the same as to it shall seem expedient. 

Code, s. 2507; R. C, c. 66, s. 4; 1825, c. 1268. s. 2; 1903, c. 567, s. 1. 

4035. How funds invested. The State Board of Education is authorized 
to invest in North Carolina four per cent bonds or in other safe interest- 



40 Public School Law of I^orth Carolina 

bearing securities, the interest on which shall be used as may be directed 
from time to time by the General Assembly for school purposes. 

1891, c. 369. 

Note. — Sections 4036-4052 concern swamp lands. 

III. LOANS FOR BUILDING SCHOOLHOUSES 

Summary. — The State Boaed may make loaxs from the literary fund 

TO THE COUNTY BOARD FOR BUILDING SCHOOLHOUSES, ANY SUCH LOAN TO BE RE- 
LOANED BY THE COUNTY BOARD TO THE SCHOOL DISTRICT. SuCH LOANS BEAR 4 
PER CENT INTEREST AND ARE A LIEN ON ALL THE COUNTY SCHOOL FUNDS, AND 
MUST BE REPAID IN TEN EQUAL INSTALLMENTS. AlL LOANS ARE MADE UNDER 
SUCH RULES AND REGULATIONS AS THE StATE BoAED MAY ADOPT.* 

4053. Made by State Board. The State Board of Education, under such 
rules and regulations as it may deem advisable, not inconsistent with the 
provisions of this chapter, may make loans from the State Literary fund to 
the county board of education of any county for the building and improving 
of public schoolhouses, or dormitories for rural high schools and county farm- 
life schools, in such county; but no warrant for the expenditure of any money 
for such purposes shall be issued by the Auditor except upon the order of the 
State Superintendent of Public Instruction, with the approval of the State 
Board of Education. 

1903, c. 567, ss. 1, 2, 8; 1913, c. 149. 

4054. Terms of. Loans made under the provisions of this chapter shall 
be payable in ten installments, shall bear interest at four per centum, payable 
annually, and shall be evidenced by the note of the county board of educa- 
tion, executed by the chairman and secretary thereof, and deposited with 
the State Treasurer. The first installments of such loan, together with the 
interest on the whole amount then due, shall be paid by the county board on 
the tenth day of February after the tenth day of August subsequently to the 
making of such loan, and the remaining installments, together with the 
interest, shall be paid, one each year, on the tenth day of February of each 
subsequent year, till all shall have been paid. 

1903, c. 567, s. 3. 

4055. How secured and paid. At the January meeting of the county 
board of education, before any installment shall be due on the next tenth 
day of February, the county board shall set apart out of the school funds an 
amount sufficient to pay such installment and interest to be due, and shall 
issue its order upon the treasurer of the county school fund therefor, who, 
prior to the tenth day of February, shall pay over to the State Treasurer the 
amount then due. And any amount loaned under the provisions of this law 
shall be a lien upon the total school funds of such county, in whatsoever 
hands such fund may be; and upon failure to pay any installment or interest, 
or part of either, when due, the State Treasurer may deduct a sufficient 
amount for the payment of the same out of any fund due any county from 
any special State appropriation for public schools, or he may bring action 
against the county board of education of such county, any person in whose 
possession may be any part of the school funds of the county, and the tax 
collector of such county; and if the amount of school fund then on hand be 
insufficient to pay in full the sum so due, then the State Treasurer shall be 
entitled to an order directing the tax collector of such county to pay over to 



'^The State Superintendent, on application, will furnish the rules regulating this subject. 



Public School Law of ^okth Caeolina 41 

the State Treasurer all moneys collected for school purposes until such debt 
and Interest shall have been paid. 

1903, c. 567, s. 4. 

4056. Loans by county boards to school districts. The county board of 
education, from any sum borrowed under the provisions of this chapter, may 
make loans to any district in such county for the purpose of building school- 
houses in such district, and the amount so loaned to any district shall be 
payable in ten annual installments, with interest thereon at four per centum, 
payable annually. At the January meeting of such county board it shall 
deduct from the apportionment made to any district which has borrowed 
under the provisions of this chapter, the installment and interest then due, 
and shall continue to deduct such amount at each annual January meeting 
until the whole amount shall have been paid, together with interest. 

1903, c. 567, s. 5. 

[Under this section the county "board of education may make an additional 
apportionment out of its building fund to assist a district to repay its annual 
interest and installment on its loan.] 

Note. — Sections 4057-4084 concern the Text-book Commission. 

IT. THE SCHOOL SYSTEM AND THE COURSE OF STUDY 

Summary. — The system of public education must be uniform and free to 
all children between the ages of six and twenty-one years. Separate 
schools must be provided for white, colored and Indian children, without 
race discrimination. The course of study must include spelling, reading, 
writing, arithmetic, drawing, language lessons and composition, english 
grammar, geography, history of north carolina and the united states, 
and elements of civil government, containing the constitution of north 
Carolina and of the United States, and text-book instruction in physi- 
ology AND HYGIENE. OtHER SUBJECTS MAY BE TAUGHT IN ELEMENTARY SCHOOLS 
WHEN PRESCRIBED BY THE StATE BoARD OF EDUCATION. ThE StATE SUPERIN- 
TENDENT PRESCRIBES THE COURSE OF STUDY FOR HIGH SCHOOLS UNDER THE LAWS 

OF 1907. All school officials are required to take oath for the faithful 

PERFORMANCE OF THEIR DUTIES. 

4085. Uniform system; compulsory attendance. The people have the 
right to the privilege of education, and it is the duty of the State to guard 
and maintain that right; and religion, morality and knowledge being neces- 
sary to good government and the happiness of mankind, schools and the 
means of education shall forever be encouraged. The General Assembly 
shall provide, by taxation and otherwise, for a general and uniform system 
of public schools, wherein tuition shall be free of charge to all children of 
the State between the ages of six and twenty-one years; and the General 
Assembly is empowered to enact that every child of sufficient mental and 
physical ability shall attend the public schools, during the period between 
the ages of six and eighteen years, for a term of not less than sixteen months, 
unless educated by other means. 

Const., Art. I, s. 27; Art. IX, ss. 1, 2, 15. 

4086. Separate schools for races; no discrimination against either 
race. The children of the white race and the children of the colored race 
shall be taught in separate public schools, but there shall be no discrimina- 
tion in favor of or to the prejudice of either race. All white children shall 
be taught in the public schools provided for the white race, and all colored 



42 Public School Law of Xoeth Carolina 

children shall be taught in the public schools provided for the colored race; 
but no child with negro blood, or what is generally known as Croatan Indian 
blood, in his veins, however, remote the strain, shall attend a school for the 
white race, and no such child shall be considered a white child. The descend- 
ants of the Croatan Indians now living in Robeson and Richmond counties 
shall have separate schools for their children, as hereinafter provided in this 
chapter. 

Const., Art. IX, s. 2; 1901, c. 4, s. 68; 1903, c. 435, s. 22; 1915, c. 236. 

[7^ is the duty of the county doarcls of education to provide separate school 
facilities for the Cherokee Indian children residing in the western part of 
this State, when not otherwise provided for.] 

4087. What taught. The branches to be taught in all the public schools 
shall be spelling, reading, writing, arithmetic, drawing, language lessons, and 
composition, English grammar, geography, the history of North Carolina and 
the United States, and elements of civil government containing the Constitu- 
tion of North Carolina and of the United States, elements of agriculture, and 
oral and text-book instruction in elementary physiology and hygiene, includ- 
ing the nature and effect of alcoholic drinks and narcotics: Provided, that in 
public schools employing more than one teacher the elements of civil govern- 
ment, physiology, and hygiene, including the nature and effect of alcoholic 
drinks and narcotics and such other subjects of study as the State Board of 
Education may direct, shall be taught, after adequate provision shall have 
first been made for the thorough teaching of the branches before named. 

1905, c. 533, s. 9; 1901, c. 4, s. 37. 

[High school branches can not &e tatight in schools having only one teacher, 
and may he taught in schools having more than one teacher only after ade- 
quate provision has first been made for the thorough teaching of the elemen- 
tary branches mentioned in this section.] 

4088. Oath of office taken by officials. The members of the county 
board of education, the school committeemen and the county superintendent 
of public instruction shall, before entering upon the duties of office, take 
oath for the faithful performance thereof. 

1901, c. 4, s. 45. 

V. THE GENERAL POWERS AND DUTIES OF THE STATE 
SUPERINTENDENT 
Summary. — The Superintendent is eequieed to publish the school law, 
make a biennial eeport to the Governor, keep his office at the capital, 

AND sign all orders FOR MONEY PAID OUT OF STATE TREASURY FOR EDUCATIONAL 
purposes. He has general direction of the school system and the ENFORCE- 
MENT OF THE SCHOOL LAW, ALL SCHOOL OFFICERS BEING REQUIRED TO OBEY HIS IN- 
STRUCTIONS AND HIS INTERPRETATION OF THE LAW. He IS REQUIRED TO BE AC- 
QUAINTED WITH THE EDUCATIONAL CONDITION OF ALL SECTIONS OF THE StATE, AND 

he must also keep in touch with the educational progress of other 
States.* 



*In addition to these general duties, the State Superintendent has the following duties: 
Secretary Text-book Commission, Rev. 1905, 4057; trustee of State Library, Rev. 1905, 5069; 
president board of directors State Normal and Industrial College, Rev. 1905, 4252 ; chair- 
man of trustees of East Carolina Training School, Laws 1907; chairman State Board of 
Examiners and Institute Conductors, Laws 1917; prescribes course of study for public high 
schools, Laws 1907; makes rules and regulations for rural libraries, Rev. 1905; member 
board of trustees of Appalachian Training School, Laws 1907 ; chairman ex offwio board of 
trustees of the Caswell Training School, Laws 1911; chairman ex officio board of trustees of 
Cullowhee Normal and Industrial School, Laws 1913; member of board of trustees of the 
University of North Carolina, Laws 1909, c. 432; member State Board of Vocational Educa- 
tion, Laws 1917; member of Library Commission. 



Public School Law of Xorth Carolixa 43 

4089. Shall EQun> office, print axd circulate school law, superintend 
PUBLIC SCHOOLS. The Superintendent of Public Instruction of North Carolina 
shall have the school laws published in pamphlet form and distributed on or 
before the first day of May of each year. He shall send to each officer a circu- 
lar letter enumerating his duties as prescribed in this chapter. He shall have 
printed all the forms necessary and proper for the purposes of this chapter, 
and he is hereby authorized to have printed as other public printing and dis- 
tributed such educational bulletins as he shall deem necessary for the profes- 
sional improvement of teachers and for the cultivation of public sentiment 
for public education, and shall look after the school interests of the State, 
and report biennially to the Governor, at least five days previous to each regu- 
lar session of the General Assembly, which report shall give information and 
statistics of the public schools and recommend such improvements in the 
school law as may occur to him. He shall keep his office at the seat of gov- 
ernment, and shall sign all requisitions on the Auditor for the payment of 
money out of the State Treasury for school purposes. Copies of his acts and 
decisions and of all papers kept in his office and authenticated by his signa- 
ture and official seal shall be of the same force and validity as the original. 
He shall be furnished with such room, fuel, and stationery as shall be neces- 
sary for the efficient discharge of the duties of his office. 

1900, c. 525. 

4090. Shall construe and enforce law; ascertain best school methods. 
He shall direct the operations of the system of public schools and enforce the 
laws and regulations in relation thereto. The county board of education and 
all other school officers in the several counties shall obey the instructions of 
the State Superintendent and accept his constructions of the school law. It 
shall be his duty to correspond with leading educators in other States and to 
investigate systems of public schools established in other States, and, as far 
as practicable, render the results of educational efforts and experiences avail- 
able for the information and aid of the Legislature and State Board of Edu- 
cation. 

1901, c. 4, s. 8; 1903, c. 435, s. 1. 

4091. Shall counsel county boards; hold institutes, etc. It shall be his 
duty to acquaint himself with the peculiar educational wants of the several 
sections of the State, and he shall take all proper means to supply such wants, 
by counseling with county boards of education and county superintendents, 
by lectures before teachers' institutes and by addresses to public ascemblies 
on subjects relating to public schools and public school work. 

1901, c. 4, s. 9. 

4092. Duties as to loan fund. He shall go to any county when necessary 
for the due execution of the law creating a permanent loan fund for the 
erection of public schoolhouses. He shall include in his annual reports a full 
showing of everything done under the provisions of the law creating the per- 
manent loan fund for the erection of public school buildings. 

1903, c. 751, ss. 11, 12. 

VI. SCHOOL FUNDS PROVIDED BY THE STATE 

Summary. — 1. The income of the permanent school fund, or literary 
fund, consists of the proceeds of the following: (a) l.\nd grants from 
United States; (&) moneys, stocks, bonds; (c) sales of swamp lands; 
(d) grants, gifts, or devises. All these sources of income are at puksent 



44 Public School Law of I^okth Carolina 

UNPRODUCTIVE EXCEPT (c). ThE StATE BoARD OF EDUCATION NOW USES THE 
LITERARY FUND TO AID IN BUILDING SCHOOLHOUSES, WHICH MAKES INOPERATIVE 

SECTIONS 4094-4096 below. See sections 4053-56. 

2. Annual appropriation of $250,000. (See section 1, State Equalizing 
School Fund law.) Equalizing fund. High school appropriation. Farm- 
life School appropriation. 

4093. Special permanent fund. The proceeds of all lands that have been 
or may hereafter be granted by the United States to this State and not other- 
wise appropriated by this State or the United States; also all moneys, stocks, 
bonds and any other property now belonging to any State fund for the pur- 
poses of education; also the net proceeds of sales of swamp lands belonging 
to the State, and all other grants, gifts, or devises that have been made or 
hereafter may be made to this State and not otherwise appropriated by this 
State or, by the terms of the grant, gift, or devise, shall be paid into the State 
Treasury, and, together with so much of the ordinary revenue of the State 
as may be set apart for that purpose, shall be faithfully appropriated for 
establishing and maintaining a system of free public schools, as established in 
pursuance of the Constitution, and for no other purpose whatsoever. And all 
funds of the State heretofore derived from the sources enumerated in section 
four, article nine of the State Constitution, and all funds that may be here- 
after so derived, together with any interest that may accrue thereon, shall be 
a fund separate and distinct from the other funds of the State, to be known 
as the State literary fund. 

Const., Art. IX, s. 4; 1901, c. 4, s. 4; 1903, c. 567, s. 1. 

4094. Apportionment of income of school fund. The State Board of Edu- 
cation shall, on the first Monday in August of each and every year, apportion 
among the several counties of the State all the school funds which may be 
then in the treasury of the board and order a warrant for the full apportion- 
ment to each county, which apportionment shall be made on the basis of the 
school population; but no part of the permanent school fund shall be appor- 
tioned or distributed, but only the income therefrom. The State Auditor shall 
keep a separate and distinct account of the public school funds and of the 
income and interest thereof, and also of such moneys as may be raised by 
State, county, and capitation tax, or otherwise, for school purposes. 

1901, c. 4, s. 1. 

4095. Apportionment, how paid. Upon the receipt of the requisition of the 
treasurer of any county, duly approved by the chairman and secretary of the 
county board of education, for the school, fund which may have been appor- 
tioned to such county, the State Board of Education shall issue its warrant on 
the State Auditor for the sum due such county, whereupon the Auditor shall 
draw his warrant on the treasurer of the State Board of Education in favor 
of such county treasurer for the amount set forth in the warrant of the 
State Board. 

1901, c. 4, s. 2. 

4096. Warrants, how drawn and endorsed. The State Treasurer shall 
receive and hold as a special deposit all school funds paid into the treasury, 
and pay them out only on the warrant of the Auditor, issued on the order of 
the State Board of Education in favor of a county treasurer, duly endorsed 
by the county treasurer in whose favor it is drawn, and it shall be the only 
valid voucher in the hands of the State Treasurer for the disbursement of 
school funds. 

1901, c. 4, s. 3. 



Public School Law of [N'orth Carolina 45 



VII. SCHOOL FUNDS PROVIDED BY COUNTY AND LOCAL TAXATION 
AND APPORTIONMENT OF THE SAME 

Summary. — 1. The proceeds of the sale of estrays; all fines, penalties, 
AND forfeitures; and auctioneers' license tax. 

2. The proceeds of at least three-fourths of the general poll tax, the 
maximum of which is two dollars, on all male persons between twenty- 
one and fifty years of age,* 

3. The proceeds of a twenty-cents tax on each $100 assessed valuation 
of real and personal property.* 

4. The proceeds of a maximum special tax of 30 cents increasable by 

VOTE TO 50 cents ON EACH $100 ASSESSED VALUATION OF PROPERTY AND 90 CENTS 

increasable to $1.50 on each poll which may be levied by a majority vote 
of the qualified voters of any incorporated town or school district. 

5. The proceeds of a maximum township high school tax of 30 cents on 

EACH $100 assessed VALUATION OF PROPERTY AND 90 CENTS ON EACH POLL, WHICH 

may be levied by a majority vote of the qualified voters of any township. 

6. The proceeds of such special school tax as any town or city by its 
charter or by a special act of the general assembly may acquire the 
right to levy by the approval of a majority of its qualified voters. 

The APPORTIONMENT OF THE PROCEEDS OF THE STATE FUNDS AND THOSE IN- 
CLUDED 1-3 ABOVE IS CONTROLLED BY THE COUNTY BOARDS OF EDUCATION, ACCORD- 
ING TO SECTION 4116, below; all other SCHOOL FUNDS ARE ENTIRELY UNDER THE 
CONTROL OF THE LOCAL SCHOOL COMMITTEES OR BOARDS OF EDUCATION. 

4107. County educational fund for free public schools. All moneys, 
stocks, bonds, and other property belonging to a county school fund; also the 
net proceeds from sales of estrays; also the clear proceeds of all penalties 
and forfeitures, and of all fines collected in the several counties for any 
breach of the penal or military laws of the State, and all moneys which shall 
be paid by persons as equivalent for exemption from military duties; also 
the net proceeds of any tax imposed on licenses to retailers of wines, cordials 
or spirituous liquors, and on auctioneers, shall belong to and remain in the 
several counties and shall be faithfully appropriated for establishing and 
maintaining free public schools in the several counties as established in 
pursuance of the Constitution. The amount collected in each county shall 
be reported annually to the State Superintendent of Public Instruction. 

Const., Art. IX, s. 5; 1901, c. 4, s. 5. 

4108. County officers file list of fines and penalties with county 
boards of education. The clerks of all State and municipal courts, justices 
of the peace, and the clerks or other officials having in custody the records 
of any city or town in the State shall furnish to the county board of education 
of their respective counties, on the first Monday of July and January of each 
year, a detailed statement of fines, forfeitures, and penalties which go to the 
school fund, that have been imposed or which have accrued, this information 
to be furnished on blanks prepared by the State Department of Public 
Instruction. 

1901, c. 4, s. 62; 1913, c. 149. 

4109. Tax lists to have separate columns for school taxes. The Au- 
ditor shall include on the form which he furnishes to the board of county 
commissioners, and on which the tax lists are to be made out, separate 



*Revisal 1905, sees. 5109 and 5110; Constitution, Art. V, socs. 1 and 2; 1911 c. 46. 



46 Public School Law of ITorth Carolina 

columns for school poll tax and school property tax and for special county 
and district taxes on property and polls. In one of these columns shall be 
written the total poll tax levied by the State and by the county authorities 
for schools and due by the taxpayer. In the other column shall be written 
the total property tax levied by the State and by the county authorities and 
due by the taxpayer. 
1901, c. 4, s. 60. 

4110. Register of deeds to furnish abstracts of tax lists to county 
BOARD. The register of deeds shall furnish to the county board of education, 
as soon as the tax lists are made out, an abstract of such lists, showing in 
separate columns the total amount of poll tax on such lists, and also the 
total amount of property tax thereon, and also in another column the amount 
of special county and district poll taxes, and in a separate column the amount 
of special county and district property taxes; and shall furnish such other 
information from his office as the county board of education may require. 

1901, c. 4, s. 61. 

4111. Sheriff's liability, civil and criminal, for failure to settle 
SCHOOL TAX. The sheriff of each county shall pay annually in money to the 
treasurer of the county school fund, on or before the thirty-first day of De- 
cember of each year, the whole amount for school purposes collected by both 
State and county, less his lawful commission for collecting the same, and such 
sum as may be allowed on account of insolvents for the current year, and on 
failing to do so shall be liable to an action on his official bond for his default 
in such sum as will cover such default, such action to be brought to the next 
ensuing term of the Superior Court in the name of the State upon the relation 
of the board of county commissioners. In making settlement with the 
treasurer the sheriff or tax collector shall make separate account of insol- 
vents and delinquents allowed, whether on property or capitation tax. The 
county superintendent shall make copies of the fines and penalties reported 
by justices of the peace and reported to the clerk of Superior Court, and file 
the same with the county board. 

Code, s. 723; 1901, c. 4, s. 54; 1905, c. 533, s. 20. 

4112. (Substitute for). On or before the first Monday in June of each 
and every year the county board of education of each county shall ascertain 
the amount of money needed to maintain the public schools of such county 
for four months during the succeeding school year. The county board of 
education, using as a basis the receipts for school purposes during the current 
school year ending June thirtieth thereafter, shall ascertain the amount 
that will be available for school purposes from the general school tax, from 
fines, forfeitures, and penalties, and from the annual per capita appropriation 
to the county from the special State appropriation for public schools under 
this act. If the amount received and to be received from these sources is 
less than the amount ascertained to be needed for a full four months school 
term in every public school district of the county, said county board of 
education shall submit to the board of county commissioners of said county 
an itemized statement of the amounts needed for supervision, for adminis- 
tration, for buildings and repairs, for salaries of teachers, and for all other 
expenses allowed by law. The statement shall also set forth the number 
of teachers, white and colored, to be employed in each district, and the salary 
of each teacher in each district. The limitation placed by law on each of 
these objects shall not be exceeded. It shall thereupon be the duty of the 



Public School Law of I^orth Carolina 47 

board of county commissioners to levy a special tax on all property, real and 
personal, and on all taxable polls, subject to the constitutional limitation 
as to poll tax, in said county sufficient to supply the deficiency needed for the 
support and maintenance of the public schools of said county for four months 
in each school district: Provided, that no county shall be compelled to 
levy a special tax of more than fifteen cents on every hundred dollars value 
of property, real and personal, and forty-five cents on every taxable poll for 
said purpose. The said tax shall be levied and collected at the same time 
and in the same manner as other county taxes are levied and collected, and 
the funds derived therefrom shall be apportioned and expended by the county 
board of education for maintaining one or more public schools in each school 
district for a term of four months in each year. In the event of a disagree- 
ment between the county board of education and the board of county com- 
missioners as to the amount of the deficiency to be supplied for a four 
months school, and as to the rate of tax to be levied therefor, or of the 
refusal of any board of county commissioners to levy said tax, the county 
board of education shall bring an action in the nature of mandamus against 
the board of county commissioners to compel the levying of such special 
tax in the manner and form as provided in sections eight hundred and 
twenty-two and eight hundred and twenty-four of the Revisal of one thousand 
nine hundred and five of North Carolina, and it shall be the duty of the 
judge hearing the same to find the facts as to the amount needed and the 
amount available from the sources herein specified, which finding shall be 
conclusive, and to give judgment requiring the county commissioners to levy 
the sum which he shall find necessary to maintain the schools for four 
months in said county. No county shall receive any part of the State Equal- 
izing School Fund provided by this act until it shall have levied the special 
tax herein required of it for a four months school term in every school 
district. 

1913, c. 33, s. 8. 

4113. Special tax may be voted for township high schools. In any 
township, upon petition of one-fourth of the freeholders of the township, 
approved by the county board of education, the board of county commission- 
ers, after thirty days notice at the courthouse door and three public places 
in the township, shall hold an election to ascertain the will of the people 
within the township whether there shall be levied in said township a special 
annual tax of not less than ten cents nor more than thirty cents on the one 
hundred dollars valuation of property and not less than thirty cents nor 
more than ninety cents on each poll, in addition to all other taxes levied for 
all other purposes, to be used for the establishment of a central high school 
or high schools in said township, in case such special tax is voted. The 
board of county commissioners shall appoint a registrar and order a new 
registration for said township, and said election shall be held in the said 
township under the law governing general elections, as nearly as may be, 
and the expenses of such election shall be paid out of the general county 
school fund. At said election those who are in favor of the levy and collec- 
tion of said tax shall vote a ticket on which shall be printed or written the 
words "For High School Tax," and those who are opposed shall vote a ticket 
on which shall be printed or written the words "Against High School Tax." 
In case a majority of the qualified voters at said election are in favor of said 
tax, then so much of the tax on property and polls herein provided for as in 



48 Public School Law of ^orth Carolina 

the judgment of the committee may be necessary shall be annually levied 
and collected in the manner prescribed for the levy and collection of other 
taxes. All moneys levied under the provisions of this section shall, upon 
collection, be placed by the treasurer of the county school fund to the credit 
of the township high school committee, composed of three members, ap- 
pointed by the county board of education, and shall be expended exclusively 
by said committee in establishing and maintaining one or more high schools 
in said township, under such rules and regulations as to its conduct and 
such course or courses of study as shall be prescribed by the State Superin- 
tendent of Public Instruction. The powers, duties, and qualifications of the 
committeemen provided for in this section shall be similar to those of other 
school committeemen, and they shall have the same power to apportion the 
funds so raised as is conferred upon the county board of education for appor- 
tionment of the general fund among the schools of the township. And the 
provisions of this section shall not be so construed as to prevent the teaching 
of the elementary branches in such high schools as may be established, nor 
so construed as to prevent the county board of education from making such 
apportionment of public school funds to such high schools as they may deem 
equitable and just: Provided, that township high schools may also be estab- 
lished without the levying of a special high school township tax, where the 
public funds are sufllcient for that purpose, under such rules and regulations 
as to organization and course of study as the State Superintendent of Public 
Instruction shall prescribe: Provided further, that high school subjects 
may be taught in all public schools employing more than one teacher, accord- 
ing to such rules and regulations as to organization and course of study as 
shall be prescribed by the State Superintendent of Public Instruction, where 
the public funds are sufficient to provide for such teaching; but the high 
school branches taught in such schools shall not interfere with the thorough 
teaching of the elementary branches. 

1905, c. 533, s. 13. 

4114. Special tax may be voted in cities and towns. In every incorpo- 
rated city or town in which there is not now levied a special tax for schools, 
upon a petition signed by one-fourth of the freeholders therein, the board 
of aldermen or town commissioners of said city or town shall, at the date 
of municipal or general election next ensuing, upon the presentation of said 
petition, order an election to be held to ascertain the will of the people 
whether there shall be levied in such city or town a special annual tax of 
not more than thirty cents on the one hundred dollars valuation of property 
and ninety cents on the poll to supplement the public school fund in such 
city or town. Said election shall be held in the different election precincts 
or wards under the law governing municipal or general elections in said 
cities or towns. At said election those who are in favor of the levy and 
collection of said tax shall vote a ticket on which shall be printed or written 
the words "For Special Tax," and those who are opposed shall vote a ticket 
on which shall be printed or written the words "Against Special Tax." In 
case a majority of the qualified voters at said election is in favor of said 
tax, the same shall be annually levied and collected in such town or city 
in the manner prescribed for the levy and collection of other city taxes. All 
moneys levied under the provisions of this section shall, upon collection, be 
placed to the credit of the town school committee, composed of not less than 
five nor more than seven members, appointed by the board of aldermen for 



Public School Law of ^N'orth Carolina 49 

said city or town, and shall be by said committee expended exclusively upon 
the public schools in said city or town; and there shall be but one school 
district in the said city or town, in which there may be established one or 
more schools for each race, and the school committee shall apportion the 
money among said schools in such manner as in their judgment will equalize 
school facilities. 

1901, c. 4, s. 71. 

4115. Special tax may be voted in special school districts. Special 
school tax districts may be formed by the county board of education in any 
county, without regard to township lines, under the following conditions: 
Upon a petition of one-fourth of the freeholders within the proposed special 
school district, in whose names real estate in such district is listed in the 
tax lists of the current fiscal year, endorsed by the county board of education, 
the board of county commissioners, after thirty days notice at the courthouse 
door and three public places in the proposed district, shall hold an election 
to ascertain the will of the people within the proposed special school district 
whether there shall be levied in such district a special annual tax of not 
more than thirty cents on the one hundred dollars valuation of property 
and ninety cents on the poll to supplement the public school fund which may 
be apportioned to such district by the county board of education in case such 
special tax is voted. The board of county commissioners shall appoint a 
registrar and two pollholders, and shall designate a polling place and order 
a new registration for such district, and the election shall be held in the 
district under the law governing general elections, as near as may be, and 
the registrar and pollholders shall canvass the vote cast and declare the 
result, and shall duly certify the returns to the board of county commission- 
ers, and the same shall be recorded in the records of said board of commis- 
sioners: Provided, the expense of holding said election shall be paid out of 
the general school fund of the county. At such election those who are in 
favor of the levy and collection of the tax shall vote a ticket on which shall 
be printed or written the words "For Special Tax," and those who ar6 opposed 
shall vote a ticket on which shall be printed or written the words "Against 
Special Tax." In case a majority of the qualified voters at the election is in 
favor of the tax, the same shall be annually levied and collected in the 
manner prescribed for the levy and collection of other taxes. All moneys 
levied under the provisions of this section shall, upon collection, be placed 
to the credit of the school committee in such district, which committee 
shall be appointed by the county board of education, and such school com- 
mittee shall apportion the money among the schools in such district in such 
manner as in its judgment shall equalize school facilities. Upon the written 
request of a majority of the committee or trustees of any special-tax district, 
the county board of education may enlarge the boundaries of any special- 
tax district established under this section, or by special act or charter of 
the General Assembly of North Carolina, so as to include any contiguous 
territory, and an election in such new territory may be ordered and held 
in the same manner as prescribed in this section for elections in special- 
tax districts; and in case a majority of the qualified voters in such new 
territory shall vote at such election in favor of a special tax of the same 
rate as that voted and levied in the special-tax district to which said territory 
is contiguous, then the new territory shall be added to and become a part 
of the said special-tax district; and in case a majority of the qualified voters 



50 Public School Law of J^orth Carolina 

at such election shall vote against said tax, the district shall not be enlarged. 
Upon petition of two-thirds of the qualified voters residing in any special- 
tax district established under this section, the same shall he endorsed and 
approved by the county board of education, and the board of county commis- 
sioners shall order another election in said district for submitting the ques- 
tion of revoking said tax and abolishing said district, to be held under the 
provisions prescribed in this section for holding other elections, and it is^ 
hereby made the 'duty of the hoard of education to indorse said petition when 
presented containing the proper number of names of qualified voters, and this 
provision is made mandatory, and the board is allowed no discretion to re- 
fuse to indorse the same when so presented: Provided further, that the 
provisions of this act shall not apply when such school special-tax /district 
is in debt in any sum whatever: Provided, that no election for revoking a 
special tax in any special-tax district shall be ordered and held in said dis- 
trict within less than two years from the date of the election at which the 
tax was voted and the district established, nor at any time within less than 
two years after the date of the last election on said question in said district; 
and no petition revoking such tax shall be approved by the county board of 
education oftener than once in two years, and if at such election a majority of 
the qualified voters in said district shall vote "Against Special Tax," said 
tax shall be deemed revoked and shall not be levied, and said district shall be 
discontinued: Provided further, that the provisions for ordering a new 
election to revoke a special tax in any special-tax district shall not apply to 
elections in such districts for increasing or restoring the special-tax levy in 
such district, which elections may be ordered and held at any time in accord- 
ance with the provisions of this section for establishing new special-tax dis- 
tricts. Special-tax districts may be formed as provided herein out of por- 
tions of contiguous counties. The petition for such a district must be en- 
dorsed by the boards of education of both counties. The registrar and one 
pollholder shall be appointed by the board of commissioners of the county 
in which the larger number of petitioners reside, and one pollholder must 
be appointed by the board of commissioners of the other county. All the 
provisions of section four thousand one hundred and twenty-nine in regard 
to districts in contiguous counties shall be applicable as far as may be to the 
establishment of special-tax districts out of portions of contiguous coun- 
ites herein provided: Provided further, that when it shall be ascertained 
upon written petition of one-third of the qualified voters of the special-tax. 
district, endorsed by the county board of education, that the special taxr 
levied under this section shall be inadequate to maintain and support the 
school or schools of said special-tax district, then it shall be competent to 
hold an election in said district to increase the special-tax levy upon real 
estate and polls to an amount not exceeding fifty cents on the one hundred 
dollars valuation of property and one dollar and fifty cents on the poll; 
and such election shall be called and held in the same manner as the elec- 
tion for creating the special-tax district as in said section provided, but no 
such election shall be held oftener than once in tivo years. 

1901, c. 4, s. 72; 1903, c. 435, s. 24; 1905, c. 533, s. 14; 1909, c. 525; 1911 c. 
135; 1915, c. 236; 1917, c. 102. 

4116. Apportionment of school funds; reservation of contingent fund. 
The county board of education shall, on the first Monday in January and 



Public School Law of I^orth Carolina 51 

the first Monday in July of each year, apportion the sphool fund of the 
county to the various school districts; but it shall, before apportioning the 
school fund, reserve as a contingent fund an amount sufficient to pay the 
salary of the county superintendent and per diem aijd expense of the county 
board of education; and may further reserve as a fund for building and re- 
pairing schoolhouses and for equipment, in counties with a total school fund 
of five thousand dollars or less, not more than twenty per centum thereof; 
in counties with a total school fund of over five thousand dollars and not 
more than ten thousand dollars, not more than sixteen per centum thereof; 
in counties with a total school fund of over ten thousand dollars and not 
more than twenty-five thousand dollars, not more than ten per centum 
thereof; in counties with a total school fund of over twenty-five thousand 
dollars, not more than seven and a half per centum thereof, to be used 
as directed in section four thousand one hundred and twenty-four. It 
shall be the duty of the county board of education to distribute and appor- 
tion the school money so as to give to each school in the county for each 
race the same length of school term, as nearly as may be, each year. In 
making the apportionment the board shall have proper regard for the grade 
of work to be done and the qualifications of the teachers required in each 
school for each race. As soon as the apportionments are made it shall be 
the duty of the board to notify the school committeemen and the treasurer 
of the county school fund of the amount apportioned to each school, designat- 
ing each school by number, and stating whether for white, colored or Indian, 
and naming the township and county. Funds unused by any district during 
any year shall, if still unused at the January meeting subsequent to the close 
of the school year, be returned to the general school fund for reapportion- 
ment, unless such district shall have been prevented from using such funds 
during that year by providential or other unavoidable causes. 

Provided, that in the discretion of the county board of education it may 
also reserve sufficient funds, after first providing for a six months school 
term in every school district, to pay a part of the cost, not to exceed one-half, 
necessary to employ a capable physician for his entire time as county health 
officer whose election meets with the approval of said board and whose duties 
shall be specified by the county board of health to embrace those provided for 
in that part of section eleven, chapter sixty-two, of the public health laws 
of one thousand nine hundred and eleven, relating to the medical inspection 
of schools and school children; and he shall lecture to the teachers in their 
meetings and supply them with printed instructions regarding measures for 
the proper care of the body, the recognition and prevention of disease, the 
recognition, prevention, and correction of physical defects, etc.; and he shall 
keep an accurate daily record of the work he does under the provisions of 
this act and make weekly, monthly, or quarterly reports, giving such informa- 
tion as may be called for by blanks to be furnished by and returned to both 
the county board of education and the State Superintendent of Public In- 
struction; and if the county health officer should neglect for a period of 
ninety days to carry out the spirit of this act, unless his entire time should 
be required to fight an epidemic of some contagious or infectious disease, 
the county board of education may in its discretion withdraw its financial aid 
in his employment: Provided further, that the county board of education 
may reserve as a further contingent fund a sufficient amount to pay the 
4 



52 Public, School Law of I^orth Carolina 

salary of an assistant superintendent, and to defray such other supervisory 
and administrative expenses as it may deem necessary, and such additional 
contingent fund as it may deem advisable for the encouragement and sup- 
port of home demonstration and clul) work: Provided, the amount set aside 
under this provision shall in no case exceed one-half the amount spent fon, 
such purposes in the county, but the funds set aside for these purposes 
shall not operate to increase the amount to which said county would have 
been entitled from the State Equalizing Fund if said funds had not been 
set aside, and the same shall be included in the necessary expenses for a 
four months school term for which a special tax, if necessary, must be 
levied under chapter thirty-three of the Public Laws of one thousand nine 
hundred and thirteen. 

1913, c. 149; 1915, c. 236; 1917, c. 285. 

SUGGESTIONS ON APPORTIONING SCHOOL FUND. 

1. Determine first of all what the total school fund is, including the 
county's per capita apportionment from the State appropriation of $250,000. 

2. Next reserve the contingent fund to pay the salary and expenses of the 
county superintendent, and the mileage, per diem, and expenses of the county 
hoard, and expenses authorized in this section. 

3. Reserve, if necessary what may he needed for huilding, observing that 
the amount for this purpose is limited according to the amount of the total 
fund. 

4. After fixing the monthly salary of each teacher of each school of each 
race and the allowance to each school for incidental expenses, apportion the 
balance so as to give the same length of school term to each school of each 
race, or as nearly as may be. 

5. Having ascertained the balance available for apportionment for teachers' 
salaries and incidental expenses, proceed as follows to ascertain the amount 
to be apportioned to each district for each race to secure the same length of 
school term in each as required by law: 

(a) Ascertain the aggregate monthly salaries of all teachers, white and 
colored, as fixed, and the aggregate monthly allowance for incidental ex- 
penses for all schools of the county. 

(&) These two amounts added will give the total cost per month pf all 
schools. 

(c) Divide the balance available for apportionment by this sum, and it 
will give the length of the term in months of each school. 

(d) Multiply the monthly expense of each district for salary of teacher or 
teachers and incidental expenses by the quotient so obtained and the product 
will be the amount to be apportioned to each district. 

4117. Apportionment, basis of. The semi-annual apportionment of public 
school money shall be based upon the amounts actually received by the county 
treasurer from all sources and reported by him to the county board of educa- 
tion, as required by this chapter. 

1901, c. 4, s. 25. 

4118. Fiscal school year. The fiscal school year shall begin on the first 
day of July and close on the thirtieth day of June next succeeding. 

1901, c. 4, s. 67. 



Public School Law of ^orth Caeolina 63 



VIII. THE POWERS AND DUTIES OF THE COUNTY BOARD OF 

EDUCATION 

Summary. — Coeporate powers as to acquiring, holding, and disposing of 
school property are conferred on this board, and it has additional power 
to make regulations governing the attendance of pupils on the schools 
and of teachers on educational meetings. This board also controls the 
time the schools may be in session, the building and repair of all school- 
HOUSES, and may CREATE OR ABOLISH OB CONSOLIDATE SCHOOL DISTRICTS. IN 
ADDITION TO THE EXERCISE OF THE USUAL CORPORATE POWERS, THIS BOARD MAY 
CONDEMN LAND FOR SCHOOL SITES AND MAY PUNISH FOR CONTEMPT. AlL NECES- 
SARY POWER TO ENFORCE THE SCHOOL LAW IS CONFERRED ON THIS BOARD, WITH 
EXPLICIT POWER TO REMOVE THE COUNTY SUPERINTENDENT UPON THE COMPLAINT 

OF THE State Superintendent, and. to remove any teacher for immoral 

CONDUCT. 

4119. Repealed by chapter 74, Public Laws 1917, which prescribes method 
of electing county boards of education and filling vacancies therein. 

See page 24 in this pamphlet. 

4120. Qualification of members; failure to qualify; vacancy. (Section 
4120 repealed by chapter 74, Public Laws 1917. See sections 2 and 3 of 
chapter 74, Public Laws 1917.) 

4121. Incorporated; powers and duties of. The county board of educa- 
tion shall be a body corporate by the name and style of the County Board of 

Education of County, and by that name shall be capable of 

purchasing and holding real and personal estate, of building and repairing 
schoolhouses, of selling and transferring the same for school purposes, and 
of prosecuting and defending suits for or against the corporation. It shall 
have power and authority, and it shall be its duty, to institute and prosecute 
any and all actions, suits, or proceedings against any and all officers, persons 
or corporations, or their sureties, for the recovery, preservation, and applica- 
tion of all moneys or property which may be due to or should be applied to 
the support and maintenance of the schools, except in case of a breach of his 
bond by the treasurer of the county school fund, in which case action shall 
be brought by the county commissioners as is hereinafter provided. 

1901, c. 4, s. 13; 1903, c. 435, s. 4. 

4122. Rules and regulations for schools, teachers, and pupils. The 
county board of education shall have power and authority to fix and deter- 
mine the method of conducting the public schools in their respective counties, 
so as to furnish the most advantageous method of education available to the 
children attending the public schools in the several counties of the State; 
and such board and the county superintendent of public instruction shall 
have full power to make all just and needful rules and regulations governing 
the conduct of teachers and pupils as to attendance on the schools, discipline, 
tardiness, and the general government of the schools. 

1903, c. 435, s. 4. 

[Under the provisions of this section the county board and the county 
superintendent may make and enforce such attendance regulations as may 
he necessary to secure regular and prompt attendance on the part of the 
children. The same authority may also regulate the attendance of teachers 
on all meetings which may he thought to promote educational progress.] 



54 Public School Law of N'orth Carolina 

4123. Time of opening and closing schools. The time of opening and 
closing the public schools in the several public school districts of the State 
shall be fixed and determined by the county board of education in their 
respective counties. The board may fix different dates for opening the 
schools in different townships, but all the schools of each township must 
open on the same date, as nearly as practicable. 

1903, c. 435, s. 4. 

[This section simply means that the school term must not he divided and 
taught during different seasons of the year unless some epidemic or other 
providential cause interferes with the regular term. The county board must 
exercise this control if it would carry out the provisions of section 41I6.] 

4124. SCHOOLHOUSES, BUILDING AND APPROVAL OF; COIVTRACTS FOR, The 

building of all new schoolhouses shall be under the control and direction of 
and by contract with the county board of education. The board shall pay 
not exceeding one-half of the cost of the same out of the fund set aside for 
building, under section four thousand one hundred and sixteen, and the 
school district in which any schoolhouse is erected shall pay the other part, 
and upon failure of such district to provide its part by private subscription, 
or otherwise, the board is directed to take it out of the apportionment to that 
district; but the board shall not be authorized to invest any money in any 
new house that is not built in accordance with plans approved by the State 
Superintendent of Public Instruction. All contracts for buildings shall be 
in writing, and all buildings shall be inspected, received and approved by the 
county superintendent of public instruction before full payment is made 
therefor. 

1903, c. 435, s. 4. 

[This means that the county hoard, out of the building fund which it may 
reserve by the provisions of section 4tl6, shall pay not exceeding one-half 
the cost of building any new schoolhouse, the other part of the expense to be 
borne by the district; hut the board has complete control of the whole sub- 
ject, and may forbid the erection of a schoolhouse in a district which ought 
not to exist. It must be remembered that no house can be built except in 
accordance with plans approved by the State Superintendent, and the county 
board is charged with the duty of carrying into effect this provision to secure 
neat, comfortable, and attractive houses. Pamphlets containing plans of 
such houses as will be approved by the State Superintendent, together with 
specifications, estimates of cost and bills for material, will be furnished by 
the State Superintendent on application.] 

4125. Power of, to execute school law. In addition to all other duties 
and powers imposed and conferred upon it by law, the county board of 
education shall have general control and supervision of all matters pertaining 
to the public schools in their respective counties, and are given the powers 
to execute and are charged with the due execution of the school laws in their 
respective counties: and all powers and duties conferred and imposed by 
this chapter and other laws of the State respecting public schools which are 
not expressly conferred and imposed upon some other official are conferred 
and imposed upon the county boards of education, and an appeal shall lie 
from all other county school officers to such b.oard. In all actions brought 
in any court against a county board of education for the purpose of com- 
pelling the board to admit any child or children who have been excluded 
from any school by the order of the county board of education, the order or 



Public School Law of ISTorth Carolina 55 

action of the board shall be presumed to be correct, and the burden of proof 
shall be on the complaining party to show to the contrary. 
1901, c. 4, s. 14; 1915, c. 236. 

4126. Removal of county superintendent, members of county board and 
SCHOOL committee. In case the State Superintendent shall have suffi- 
cient evidence at any time that any county superintendent of public in- 
struction or any member of the county board of education is not capable of 
discharging or is not discharging the duties of his office, as required by this 
chapter, or is guilty of immoral or disreputable conduct, he shall report the 
matter to the county board of education, which shall hear evidence in the 
case; and if, after careful investigation, it shall find sufficient cause for his 
removal, it shall declare the office vacant at once and proceed to elect his 
successor. Either party may appeal from the decision of the county board 
of education to the State Board of Education, which shall have full power to 
investigate and review the decisions of the county board of education. This 
section shall not deprive any county superintendent of the right to try his 
title to his office in the courts of the State. In case the county superintendent 
shall have sufficient evidence at any time that any member of any school 
committee is not capable of discharging or is not discharging the duties of 
his office, he shall bring the matter to the attention of the county board of 
education, which shall thoroughly investigate the charges, and shall remove 
such committeeman and appoint a successor, if sufficient evidence shall be 
produced to warrant his removal and the best interests of the schools de- 
mand it. 

1901, c. 4, ss. 10, 42. 

4127. May hold investigations; issue subpoenas; service of same; appeal 
TO Superior Court. The county board of education shall have power to 
investigate and pass upon the moral character of any teacher in the public 
schools of the county, and to dismiss such teacher if found of bad moral 
character; also to investigate and pass upon the moral character of any 
applicant for a teacher's certificate or for employment as teacher in any 
public school in the county. Such investigation shall be made, after written 
notice of not less than ten days, to the person whose character is to be in- 
vestigated. The board shall have power to issue subpoenas for the attendance 
of witnesses. Subpoenas may be issued in any and all matters which may 
lawfully come within the powers of the board and which in the discretion of 
the board require investigation; and it shall be the duty of the sheriffs, 
coroners and constables to serve such subpoenas upon payment of their lawful 
fees. Appeals provided for in this chapter shall be regulated by rules to be 
adopted by the board. The Superior Courts of the State may review any 
action of the county board of education affecting any one's character or right 
to teach. 

1901, c. 4, s. 15. 

4128. Power to punish for contempt. The county board of education of 
each county shall have power to punish for contempt for any disorderly 
conduct or disturbance tending to interrupt it in the transaction of official 
business. 

1901, c. 4, s. 28. 

4129. School districts, how formed. The county board of education 
shall divide the townships or the entire county or any i)art of the county into 
convenient school districts, as compact in form as practicable; and said board 



56 



Public School Law of I^orth CAROLiisrA 



is hereby authorized and empowered to redistrict the entire county or any 
part thereof and to consolidate school districts loherever and lohenever in its 
judgment the redistricting or the consolidation of districts loill better serve 
the educational interests of the township, or the county, or any part of the 
county. It shall consult the convenience and necessities of each race in set- 
ting the boundaries of the school district for each race, and shall establish 
no new school in any township within less than three miles by the nearest 
traveled route of some school already established in said township, nor shall 
it create any school district with less than sixty-five children of school age, 
unless such district shall contain at least twelve square miles or shall be 
separated by dangerous natural barriers from a schoolhouse in the district 
of which the proposed new district is a part. Nothing in this chapter shall 
prevent the board, whenever it shall deem it necessary for the good of the 
public schools, from forming a school district out of portions of two or more 
contiguous townships. School districts may be formed out of portions of 
contiguous counties by agreement and consent of the county boards of edu- 
cation of the two counties, and in case of the formation of such districts 
the per capita part of the public school money due the children residing in 
one county shall be apportioned by the county board of education of that 
county and paid to the treasurer of the other county in which the schoolhouse 
is located, to be placed to the credit of the school district so formed. 

The county board of education of any county is authorized and empowered 
to change the boundary lines between local tax school districts urban and 
rural and to consolidate such districts in said county upon satisfactory 
evidence furnished to said board that the convenience and best interests of the 
residents of the districts require such change: Provided, that this authority 
to change boundaries between local tax districts shall not have the effect 
of releasing any taxpayer from the obligation of paying his school taxes, but 
shall be exercised only for transferring said taxpayer and his property from 
one local tax district to another. County boards of education of any two 
contiguous counties are hereby authorized to transfer children from a school 
district in one county to the adjacent school district in the other county for 
che convenience of the children transferred, and to arrange by agreement 
for reasonable compensation out of the county school fund of the county 
from which such transfers are made to be placed to the credit of the school 
district in the other county in which the children transferred attend school.' 

Upon the consolidation of two or more school districts into one by the 
county board of education, the said county board of education is authorized 
and empowered to make provision for the transportation of pupils in said 
consolidated district that . reside too far from the schoolhouse to attend 
without transportation, and to pay for the same out of the apportionment to 
said consolidated districts: Provided, that the daily cost of transportation 
per pupil shall not exceed the daily cost per pupil of providing a separate 
school in a separate district for said pupils. 

1901, c. 4, s. 29; 1903, c. 435, s. 12; 1905, c. 533, s. 7; 1909, c. 856; 1911, c. 
135; 1917, c. -285. 

4130. May accept donations; may sell school property. The county 
board of education may receive any gift, grant, donation, or devise made for 
the use of any school within its jurisdiction. When in the opinion of the 
board any schoolhouse, schoolhouse site or other public school property has 
become unnecessary for public purposes, it may sell the same at public auc- 



Public School Law of I^orth CAKOLI^"A 57 

tion, after advertisement of twenty days at three public places in the county, 
or at private sale. The deed for the property thus sold shall be executed by 
the chairman and secretary of- the board, and the proceeds of the sale shall 
be paid to the treasurer of the county school fund. 
1901, c. 4, ss. 30, 36. 

4131. School sites may be acquired by gift, purchase or coxdemxation. 
The county board of education or the board of trustees of any incorporated 
or chartered graded school district may receive suitable sites for school- 
houses or school buildings by donation or purchase. In case of purchase, 
the county board of education or any board of trustees aforesaid shall issue 
an order on its treasurer for the purchase money, and upon payment of 
the order the title to the site shall vest in the corporation in fee simple. 
Whenever the boards above mentioned are unable to obtain a suitable site 
for a school or school building by gift or purchase, such board shall report 
to the county superintendent of public instruction, who shall, upon five 
days notice to the owner or owners of the land, apply to the clerk of the 
Superior Court of the county in which the land is situated for the appoint- 
ment of three appraisers, who shall lay off by metes and bounds not more 
than two acres and assess the value thereof. The same means may be used 
to obtain more land in a district where there is a house or a site previously 
obtained, but not more than three acres shall be procured, including the site 
already obtained. They shall make a written report of their proceedings, to 
be signed by them, or by a majority of them, to the clerk within five days 
from their appointment, who shall enter the same upon records of the court. 
The appraisers and officers shall serve without compensation. If the report 
is confirmed by the clerk, the chairman and the secretary of the board shall 
issue an order on the treasurer of the county school fund, or, if a graded 
school district, upon the treasurer of the graded school district, in favor of 
the owner of the land thus laid off, and upon the payment or offer of payment 
of this order the title to such land shall vest in fee simple in the corporation. 
Any person aggrieved by the action of the appraisers may appeal to the 
Superior Court in term, upon giving bond to secure the board against such 
costs as may be incurred on account of the appeal not being prosecuted with 
effect. 

1901, c. 4, c. 31; 1903, c. 435, s. 13; 1905, c. 533, s. 8; 1911, c. 135; 1913, c. 149. 
[Several acres of land ought always to te secured jor the site of a rural 
school, if possible.] 

4132. Deeds to be filed with clerk; secretary to keep index. All deeds 
to the county board of education shall be registered and delivered to the 
clerk of the Superior Court for safe keeping, and the secretary of the county 
board of education shall keep an index, by township and school districts, of 
all such deeds in a book for that purpose. 

1901, c. 4, s. 32; 1903, c. 435, s. 14. 

[This section requires the county superintendent to keep a convenient 
index of the deeds for all the school property of the county.} 

4133. Meetings of; duties at. The county board of education shall meet 
on the first Monday in January, April, July and October, and may, if neces- 
sary, continue in session two days, and it may have called meetings, of one 
day each, as often as once a month if the school business of the county 
require it. It shall, at the meetings in January, April, July, and October, 
examine the books and vouchers and audit the accounts of the treasurer of 



58 Public School Law of North Carolina 

the county school fund. The boards of education of the several counties 
shall cause to be published annually on the first Monday of August in some 
newspaper published in the county, or at the courthouse door if there be no 
newspaper published therein, or in the printed annual school report of said 
county, an itemized statement of all receipts and expenditures of school 
funds. 

1891, c. 460; 1901, c. 4, s. 27; 1903, c. 435, s. 26; 1905, c. 533, s. 21; 1911. 
c. 135; 1913, c. 149. 

4134. SUPEKINTENDENT AND TREASURER TO MEET WITH, IN JULY, TO SETTLE 

ALL BUSINESS OF FISCAL YEAR. On the first Mouday in July the county board 
of education, county superintendent of public instruction and treasurer shall 
meet at the oflBce of the board and settle all the business of the preceding 
fiscal year. The board shall on that day examine the reports of treasurer 
and county superintendent, and if found correct shall direct them to be for- 
warded to the State Superintendent within thirty days thereafter. 

1901, c. 4, s. 59; 1903, c. 435, s. 20. 

Compensation of members of board. The members of the county board of 
education shall receive three dollars per diem and the same mileage as is 
allowed to the members of the board of county commissioners of their 
counties. 

Revisal of 1905, v. 1, c. 66; s. 2786; 1915, c. 236. 

[X. THE POWERS AND DUTIES OF THE COUNTY SUPERINTENDENT 

Summary. — The county superintendent is elected for a term of two 

YEARS BY the COUNTY BOARD ON THE FIRST MONDAY IN JULY. He MUST BE A MAN 
OF LIBERAL EDUCATION AND OF GOOD MORAL CHARACTER, AND MUST ALSO BE 
A PRACTICAL TEACHER OR HAVE HAD TWO YEARS EXPERIENCE IN TEACHING OB 
SUPERVISING SCHOOLS WITHIN FIVE YEARS IMMEDIATELY PRECEDING HIS ELECTION. 
He MUST HAVE A SUPERINTENDENT'S CERTIFICATE FROM THE StATE BOARD OF EX- 
AMINERS AND Institute Conductors. During the public school term he must 

VISIT THE public SCHOOLS, AND HE CAN NOT ENGAGE IN SCHOOL WORK WHICH 
WILL NULLIFY THIS REQUIREMENT. ThE COUNTY SUPERINTENDENT IS SECRETARY OF 
THE COUNTY BOARD, AND MUST HAVE HIS . OFFICE AT THE COUNTY SEAT. He IS 
REQUIRED TO HOLD TOWNSHIP TEACHERS' MEETINGS, SUPERVISE THE WORK OF THE 
TEACHERS, ATTEND THE StATE AND DISTRICT ASSOCIATIONS OF COUNTY SUPERIN- 
TENDENTS, MUST INSTRUCT COMMITTEEMEN AS TO THEIR DUTIES, MUST DISTRIB- 
QTE THE BLANK FORMS FURNISHED HIM BY THE StATE SUPERINTENDENT, MUSI 

make reports to the state superintendent and county board, he must 
furnish statistics as ^o the number of deaf and dumb and blind chil- 
dren in his county, and must report monthly to the county boaed of 
Education . and the State Superintendent, If the county school fund 
exceeds $15,000 annually, he may be paid such salary as the county board 

MAY fix; OTHERWISE, HIS SALARY MAY BE FIXED AT FOUR PER CENT OF THE DIS- 
BURSEMENTS OF THE SCHOOL FUND, OR IT MAY BE FIXED AT NOT LESS THAN $3 A 
DAY, FOR THE TIME ACTUALLY EMPLOYED. No VOUCHER IN THE HANDS OF THE 
TREASURER OF THE SCHOOL FUND IS A VALID VOUCHER UNLESS SIGNED BY THE 
COUNTY" SUPERINTENDENT. ThE COUNTY SUPERINTENDENT AND THE STATE BOAED 

OF Examiners and Institute Conductors have charge of the examination 

AND certification OF TEACHERS. UnDER SECTION 4161, HE MUST MEET WITH 
committee for ELECTION OF TEACHERS, AND SUCH ELECTION MUST HAVE HIS AP- 
PROVAL. 



Public School Law of North Carolina 59 

4135. Election, qualifications and term of office; vacaxcy. The county 
board of education, on the first Monday in July, one thousand nine hundred 
and five, and biennially thereafter, shall elect a county superintendent of 
public instruction, who shall be at the time of his election a practical teacher, 
or who shall have had at least two years' experience in teaching or super- 
vising schools within five years immediately preceding his election, and who 
also shall be a man of liberal education, and shall otherwise be qualified to 
discharge the duties of his office as required by law, due regard being given 
to experience in teaching. Such superintendent must be of good moral char- 
acter, and shall hold his office for a term of two years from the date of his 
election and until his successor is elected and qualified. Any person who 
has filled the office of county superintendent for four years next preceding the 
eleventh day of March, one thousand nine hundred and one, shall be eligible 
to such office in Bertie and Bladen and Columbus counties, if the election of 
such person meets the approval of the State Board of Education, In case 
of vacancy, by death, resignation or otherwise, in the office of county super- 
intendent, such vacancy shall be filled by the county board of education: 
Provided, that any county whose total school fund does not exceed fifteen 
thousand dollars may unite with any adjoining county and by agreement 
between the county boards of education of the two counties, meeting in joint 
session, may employ a county superintendent who shall devote his entire 
time to supervising impartially the educational work of the counties thus 
employing him. The agreement between the two county boards thus jointly 
employing one county superintendent, as to the apportionment of his salary 
and expenses, the division of his time and all other essential details, shall 
be recorded in the minutes of the board of education of each county. 

The county superintendent of public instruction shall have authority to 
administer oaths to teachers and all subordinate school officials where an oath 
is required of the same. 

1901, c. 4, s. 16; 1903, c. 435, s. 5; 1911, c. 135; 1913, c. 149. 

[The county superintendenfs office is the most important office in the 
county. He need not he a resident of the county when elected. If possible, 
he should be paid salary large enough to enable him to devote all his time 
to his work.] 

4136. Report of election of, to State Superintendent. Immediately 
after the election of the county superintendent of public instruction the 
chairman of the county board of education shall report to the State Super- 
intendent of Public Instruction the name, address, experience and qualifica- 
tions of the person elected; and the person elected shall report to the State 
Superintendent, as soon as he shall have qualified, the date of such qualifi- 
cation. 

1901, c. 4, s. 16; 1903, c. 435, 5. 

4137. Districts in cities and towns may jointly employ. By and with 
the consent of the county board of education, the school committees of two 
or more contiguous districts in any city or town may, by a majority vote of 
the committee in each district, employ a practical teacher, who shall be 
known as the superintendent of the public schools of such districts, and he 
shall perform all the duties of the county superintendent of public instruction 
as to such districts, and shall make to the county superintendent all reports 
that may be necessary to enable him to make his reports to the State Super- 
intendent. 

1889, c. 199, s. 47; 1901. c. 4, s. 74. 



60 Public School Law of N'okth Cakolina 

4138. Not to teach school; to reside in the county. Every county 
superintendent shall reside in the county of which he is superintendent. It 
shall not be lawful for any county superintendent to teach a school while 
the public schools of his county are in session; but the State Board of Educa- 
'tion may, for good and sufficient reason, permit a county superintendent to 
so teach. 

1901, c. 4, s. 44. 

4139. Ex OFFICIO SECRETARY TO THE BOARD; RECORDS TO BE KEPT. The COUUty 

superintendent of public instruction shall be ex officio the secretary of the 
county board of education. He shall record all proceedings of the board, 
issue all notices and orders that may be made by the board pertaining to the 
public schools, schoolhouses, sites or districts (which notices or orders it 
shall be the duty of the secretary to serve by mail or by personal delivery, 
without cost), and record all school statistics, look after all forfeitures, fines 
and penalties, see that the same are placed to the credit of the school fund, 
and report the same to the board. The board shall provide the county 
superintendent with an office at the county seat, in the county courthouse if 
possible, and with a suitable book in which to keep the records required by 
this section. The records of the board and the county superintendent shall 
be kept in the office provided for that purpose by the board. 

1901, c. 4, s. 36. 

[It is very important to keep full and accurate records and to look closely 
after the proper disposition of all fines, forfeitures and penalties. An account 
l)ook will be furnished on ai^plication to the State Superintendent. The 
superintendent should report to the solicitor all failures to apply the moneys 
from fines, etc., to their proper purpose."] 

4140. To hold TEACHERS' MEETINGS. The couuty superintendent shall each 
year hold not less than one teachers' meeting in each township, which the 
teachers shall be required to attend. If necessary, one school day must be 
set apart for this purpose. 

1901, c. 4, s. 38; 1903, c. 435, s. 17. 

[For convenience, hy order of County Board two or more townships may 
&e combined for such meetings.] 

4141. Must advise and may suspend teachers ; must attend State and 
District Associations of Superintendents. It shall be the duty of the 
county superintendent to advise with the teachers as to the best methods of 
instruction and school government, and to that end he shall keep himself 
thoroughly informed as to the progress of education in other counties, cities 
and States. He shall have authority to correct abuses, and to this end he 
may, with the concurrence of a majority of the school committee, suspend 
any teacher who may be guilty of any immoral or disreputable conduct or 
may prove himself incompetent to discharge efficiently the duties of a public 
school teacher or who may be persistently neglectful of such duties. The 
county superintendent shall be required to visit the public schools of his 
county" while in session, and shall inform himself of the condition and needs 
of the various schools within his jurisdiction. He is hereby required to make 
at the end of each calendar month during the year a brief report to the^ 
county board of education, setting forth a statement of his work and activi- 
ties and of the educational progress in the county for the month. This report 
shall be made upon blanks prepared and furnished by the State Depart- 
ment of Public Instruction, and a copy of each monthly report shall be sent 



Public School Law of JN'orth Caeolina 61 

to the State Superintendent of Public Instruction. Unless providentially 
hindered, he shall attend continuously during its session the annual meet- 
ing of the State Association of County Superintendents, and the annual meet- 
ing of the District Association of County Superintendents, and the county 
.board of his county shall pay out of the county school fund his traveling ex- 
penses, including board, and allow him his per diem while attending such 
meeting; but county superintendents employed on salary shall not receive 
any per diem while in attendance on such meeting. 

1901, c. 4, s. 39; 1903, c. 435, s. 18; 1905, c. 533, s. 10; 1911, c. 135; 1917, 
c. 285. 

[It is mandatory that the county superintendent visit the schools, and 
county hoards of education must see that the law is properly observed.'] 

4142. Must distribute blanks and books and advise committees. It shall 
be the duty of the county superintendent to distribute to the various school 
committees of his county all such blanks as may be furnished by the State 
Superintendent of Public Instruction for reports of school statistics of the 
several districts; also blanks for teachers' reports and for orders on the 
treasurer of the county school fund for teachers' salaries. He shall also dis- 
tribute to the school committees school registers for their respective districts 
and necessary record books; he shall advise with the committee as to the 
best methods of gathering the school statistics contemplated by such blanks, 
and by all proper means shall seek to have statistics fully and properly 
reported. 

1901, c. 4, s. 40. 

4143. Must make reports to State Superintendent. It shall be the duty 
of each county superintendent, on or before the first Monday in July of each 
year, to report to the State Superintendent of Public Instruction an abstract 
statement of the number, grade, race and sex of the teachers examined and 
approved by him during the year; also the number of public schools taught 
in the county during the year for each race, the number of children of school 
age in each school district, the number enrolled in each district, the average 
daily attendance in each district, by race and sex, and the number of all 
persons in the county between the ages of twelve and twenty-one who can 
not read and write. He shall also report, by race and sex, the number of 
pupils enrolled in all the schools, their average attendance, the average length 
of terms of the schools and the average salary for the teachers of each race; 
the number of school districts for each race, and any new school districts laid 
out during the year shall be specified in his report. He shall also report the 
number of public schoolhouses and the value of the public school property for 
each race, the number of teachers' institutes held, the number of teachers 
attending such institutes, together with such suggestions as may occur to him 
promotive of the school interest of the county. He shall record in his book 
an accurate copy of such report. If any county superintendent fail or refuse 
to perform any of the duties required of him by this chapter, he shall be 
subject to removal from his office by the county board of education upon the 
complaint of the State Superintendent of Public Instruction. 

1901, c. 4, s. 41. 

[Copies of all reports made should be recorded in the record book of the 
county board for future reference. It would be well to record, also, the 
treasurer's report.} 



62 Public School Law of ^orth Carolina 

4144. To REPORT AS TO DEAF AND DUMB AND BLIND CHILDREN. It Shall be 

the duty of the county superintendent to require of the school committees, 
in enumerating the number of school children, to make a statement in the 
report of the number of deaf and dumb and blind between the ages of six and 
twenty-one years, designating the race and sex, and the address of the parent 
or guardian of such children; and the county superintendents are hereby 
required to furnish such information to the principals of the deaf and dumb 
and blind institutions; and the Superintendent of Public Instruction, in 
preparing blanks for reports required to be made to him, shall include ques- 
tions the answers to which will furnish the information required by this 
section. 

1901, c. 4, s. 43. 

Salary of county superintendent. The salary of the county superintend- 
ent of schools shall be fixed by the county board of education. It shall not 
be less than three dollars per day while engaged in the service of the public 
schools. The county board of education may fix an annual salary not to ex- 
ceed four per cent of the disbursements for schools under his supervision. 
The county board of education of any county whose total school fund exceeds 
fifteen thousand dollars may employ a county superintendent, for all of his 
time, at such salary as may be fixed by said iDoard. 

Revisal of 1905, v. I, c. 66, s. 2782. 

X. THE POWERS AND DUTIES OF THE SCHOOL COMMITTEE 

Summary. — The school committee is composed of three persons. One 
member is appointed by the county board on the first Monday in July, each 
year, for a term of three years. These may be township or district com- 
mitteemen, AS the county board may determine. Bach school committee 

MUST elect a chairman AND A SECRETARY, AND KEEP AN ACCURATE RECORD OF ALL 
[TS PROCEEDINGS, AND CONTROL AND CARE FOR THE PUBLIC SCHOOL PROPERTY IN 
THE PUBLIC INTEREST. ThE COMMITTEE IS ALSO CHARGED WITH TAKING THE 
SCHOOL CENSUS, WITH ASCERTAINING THE NUMBER OF DEAF AND DUMB AND BLIND 
CHILDREN, AS WELL AS THE NUMBER OF ILLITERATE CHILDREN, BETWEEN THE AGES 
OF TWELVE AND TWENTY-ONE, AND THE NUMBER OF ADULT ILLITERATES. THE 
SCHOOL COMMITTEE CAN NOT EXPEND ANY MONEY APPORTIONED FOR INCIDENTAL 
EXPENSES WITHOUT THE CONSENT OF THE COUNTY BOARD; AND THEY MUST KEEP 
AN ACCURATE RECORD OF THE EMPLOYMENT OF TEACHERS AND OF ANY SPECIAL 
FUNDS DISBURSED BY THEM. ThEY ARE PROHIBITED FROM OVERDRAWING THE 
AMOUNT TO THE CREDIT OF THE DISTRICT, AND FROM MAKING A CONTRACT BEYOND 
THEIR TERM OF OFFICE. CONTRACTS WITH PRIVATE SCHOOLS MAY BE MADE, BY 
WHICH THE PUBLIC SCHOOL MAY BE TAUGHT IN CONNECTION WITH SUCH SCHOOLS. 
No MONEY FOR DISTRICT EXPENSES OF ANY KIND OR FOR THE SALARIES OF TEACHERS 
MAY BE PAID BY THE COUNTY TREASURER EXCEPT ON AN ORDER SIGNED BY A MA- 
JORITY OF THE COMMITTEE. 

4145. Qualifications and election of; care taken of schoolhouses. The 
county board of education of each county shall, on the first Monday in July, 
one thausand nine hundred and thirteen, appoint in each of the townships of 
the county three intelligent men of good moral character and of good busi- 
ness qualifications who are known to be in favor of public education, who 
shall serve as follows: one for three years, one for two years, and one for 
one year from the date of their appointment as school committeemen in their 



Public School Law of J^orth Carolina 63 

respective townships and until their successors are elected and qualified. On 
the first Monday in July of each succeeding year, the board of education 
shall appoint one member of the school committee in place of the member 
whose term of office has just expired, and who shall continue in office for a 
period of three years and until his successor is duly appointed and qualified. 
If a vacancy shall occur at any time, by death, resignation or otherwise, it 
shall be the duty of the county board of education to fill such vacancy. Such 
board shall have the power to pay out of the reserve school fund to each mem- 
ber of the township committee thus appointed one dollar per day for not more 
than four days per annum. Such township committee must take the census 
in their township by districts, and shall be paid for taking the same at the 
rate of two cents per name, and may be paid each one dollar per day for not 
exceeding four days each year for such additional services as may be rendered 
by the committee in the discharge of their legal duties. Every township com- 
mittee shall appoint one man in each school district in the township to look 
after the schoolhoiise and property and advise with the committee. The 
county board of education in each county may, if it deem best, on the first 
Monday in July, 1913, instead of electing township committeemen, elect for 
each school of the several townships three school committeemen of intelli- 
gence, good moral character and good business qualifications who are known 
to be in favor of public education, who shall serve as follows: one for three 
years, one for two years, and one for one year from the date of their appoint- 
ment as committeemen and until their successors are appointed and qualified. 
And the board of education shall, on the first Monday of July of each succeed- 
ing year, appoint one member of the school committee in place of the member 
whose term of office has just expired and who shall continue in office for a 
term of three years and until his successor is duly appointed and qualified. 
If a vacancy should occur at any time, by death, resignation or otherwise, it 
shall be the duty of the county board of education to fill such vacancy; and 
in case such school committeemen shall be elected as above, all the powers 
and duties conferred under this chapter on the township committeemen shall 
vest in such committeemen of the several schools of the township, who shall 
serve without compensation. 

1901, c. 4, s. 17; 1903, c. 435, s. 6; 1905, c. 533, ss. 17, 18; 1909, c. 769; 
1913, c. 149; 1917, c. 285. 

[The committee system should he uniform; there should he only township 
committeemen in a county, or only district committeemen. Those counties 
which have adopted the township system -find it satisfactory. The general 
adoption of the township system in this State would he desirahle.] 

4146. To ELECT CHAIRMAN AND SECRETARY; APPEALS FROM. The school Com- 
mittee, as soon as practicable after their election and qualification, not to 
exceed twenty days, shall meet and elect from their number a chairman and 
secretary, and shall keep a record of their proceedings in a book to be kept 
for that purpose. The name and address of the chairman and secretary 
shall be reported to the county superintendent of public instruction and 
recorded by him. 

1901, c. 4, s. 18. 

[A record hook for committeemen will he supplied hy the county super- 
intendent.} 

4147. Powers and duties as to school property. The school committee 
shall be entrusted with the care and custody of all schoolhouses, schoolhouse 



64 Public School Law of IN^orth Carolina 

sites, grounds, books, apparatus or other public school property in the town- 
ship, with full power to control the same, as they may deem best for the 
interest of the public schools and the cause of education. 
1901, c. 4, s. 19. 

4148, Census to be taken; reports; deaf and dumb, blind, and illiterate 
TO be reported. The school committee of each township or district is hereby 
required to furnish annually to the county superintendent of schools a 
census report of all the children of school age in the township or district 
by name, age, sex, and race, and the names of their parents or guardians. 
The blanks upon which such reports are to be made shall be furnished to the 
various school committees by the county superintendent at least two weeks 
prior to the beginning of the school term in each district, and the report, duly 
sworn to by the person taking the census, and signed and approved by the 
members of the committee, shall be returned to the county superintendent 
on or before the first day of the school term of each school year; and any 
committee failing to comply with the provisions of this section, without just 
cause, shall be subject to rtmoval. The school committee is authorized to 
designate one of the teachers, or some other competent person in each 
school district, to take the census. The committeeman, or other person tak- 
ing the census, shall be allowed a sum not exceeding three cents per name 
for all names reported between the ages of six and twenty-one. The com- 
mittee shall furnish to the teacher at the opening of the school a complete 
copy of the census furnished to the county superintendent, which shall be 
recorded by the teacher in the school register. The census record entered in 
the register shall show the name, age, and sex of each child of school age in 
that district, together with the names and addresses of the parents or guard- 
ians. The census report shall show also the number of children of compul- 
sory attendance age, and the committee shall furnish the attendance officer 
a separate list of all children subject to compulsory attendance, containing 
the name, age, race, and sex of each and the names of their parents or 
guardians. 

There shall also be reported, by race and sex, the number and names of 
all persons between the ages of twelve and twenty-one who cannot read and 
write and the number and names, by race and sex, of all persons over twenty- 
one years of age who cannot read and write, and the number of deaf and dumb 
and blind between the ages of six and twenty-one years, designating the race 
and sex and the address of the parents or guardians of such children. 

The committee shall also report to the county superintendent, who in turn 
shall report to the county board of education, the number of public school- 
houses and the value of all public school property for each race, separately. 

1901, c. 4, ss. 20, 43; 1901, c. 3, s. 1; 1903, c. 435, s. 7; 1911, c. 135; 1915. 
c. 236. 

[It is strongly recommended that if possible the teacher or principal jo/ 
each school 'be employed to take this census accurately immediately before 
the beginning of the school term each year, thereby affording opportunity to 
become acquainted with parents, children, and conditions in the district.] 

4149. To keep a record of receipts and expenditures; purchase supplies. 
The school committee for each township or district shall keep a book in 
which shall be recorded an itemized statement of all moneys apportioned 
to, received and expended by them for each school, and a copy of all contracts 
made by them with teachers. The committee shall have authority to purchase 



Public School Law of Worth Carolina 65 

the supplies necessary for conducting the schools and for repairs, to an 
amount not to exceed in the aggregate the sum of twenty-five dollars in any 
one year for each school; but nothing in this section shall be so construed 
as to give school committees the right to make expenditures without the 
order of the county board. 

1901, c. 4, ss. 21, 35; 1905, c. 533, s. 19. 

[The county superintendent should furnish the committeemen a record 
book in which to keep their accouiits.] 

4150. Must not overdraw. No committee shall give an order unless the 
money to pay it is actually to the credit of the district, and no part of the 
school fund for one year shall be used to pay school claims for any previous 
year. 

1901, c. 4, s. 34; 1903, c. 435, s. 16. 

4151, Private schools, committee may contract with; effect. In any 
school district where there may be a private school regularly conducted for 
at least six months in the year, unless such private school is a sectarian or 
denominational school, the school committee may contract with the teacher 
of such private school to give instruction to all pupils between the ages of 
six and twenty-one years in the branches of learning taught in the public 
schools, as prescribed in this chapter, without charge and free of tuition; 
and such school committee may pay such teacher for such service out of the 
public school fund apportioned to the district, and the agreement as to such 
pay shall be arranged between the committee and teacher. Every teacher of 
the public school branches in such school shall obtain a first grade certificate 
before beginning his or her work, and shall from time to time make such 
reports as are required of other teachers under this chapter. The county 
superintendents of public instruction shall have the same authority in respect 
to the employment and dismissal of teachers under this section, and in every 
other respect, as is conferred in other sections of this chapter; and all con- 
tracts made under this section shall designate the minimum length of the 
public school term, which shall not be less than the average length of the 
public school term of the county of the preceding year. The amount paid 
such private school for each pupil in the public school branches, based on the 
average daily attendance, shall not exceed the regular tuition rates in such 
school for such branches of study. Every school to which aid shall be given 
under this chapter shall be a public school, to which all children living 
within the district between the ages oi: six and twenty-one years shall be 
admitted free of charge for tuition: Provided, that in case of contract with 
the teacher of a private school, under this section, tuition may be charged for 
instruction in higher branches of study not mentioned in section four thou- 
sand and eighty-seven, if the apportionment of funds for the public school of 
the district would in the opinion of the county board of education be insuffi- 
cient to provide instruction in these higher branches of study if the public 
school were taught separately. The committee may admit pay students over 
twenty-one years of age. 

1901, c. 4, ss. 33, 65; 1903, c. 435, s. 15; 1905 c. 533, s. 12. 

XI. THE TREASURER OF THE SCHOOL FUND 

Summary. — The county treasurer is treasurer of the school fund, and 

HE MUST GIVE A SEPARATE BOND FOR THE FAITHFUL DISCHARGE OF HIS DUTIES.' 
He is also REQUIRED TO KEEP AN ITEMIZED RECORD OF HIS RECEIPTS AND DIS- 



66 Public School Law of ^N^orth Carolina 

BURSEMENTS OF THE SCHOOL FUND, AND TO PAY NO ORDER FOR MONEY UNLESS 
PROPERLY SIGNED BY THE COMMITTEE AND COUNTY SUPERINTENDENT. THE TREAS- 
urer is also required to be in his office on the last saturday of each 
month, and to keep an account with each township and school district 
Annually he must report to the State Superintendent and to the county 

BOARD, setting FORTH ALL THE MONEY TRANSACTIONS OF THE YEAR. ThE COUNTY 
BOARD MAY REQUIRE REPORTS OFTENER THAN ONCE A YEAR. FAILURE TO MAKE 
PROPER REPORTS CONSTITUTES A MISDEMEANOR. ThE COMPENSATION OF THE TREAS- 
URER IS TO BE FIXED BY THE COUNTY BOARD, NOT TO EXCEED TWO PER CENT OF HIS 
DISBURSEMENTS. He IS ALLOWED NO COMMISSION ON DISBURSEMENT OF StATE 

Loan Fund or funds from bonds under State- wide bond act, chapter 55. 
Public Laws 1915, amended 1917. 

4152. County treasurer made treasurer of school fund; bond. The 
county treasurer of each county shall receive and disburse all public school 
funds, and shall keep the same separate and distinct from all other funds; 
but before entering upon the duties of his office he shall execute a justified 
bond, with security, in an amount to be fixed by the board of county commis- 
sioners, not less than the moneys received by him or by his predecessor 
during the previous year, conditioned for the faithful performance of his 
duties as treasurer of the county school . fund, and for the payment over 
to his successor in office of any balance of school moneys that may be in his 
hands unexpended. The bond of the treasurer of the county school fund 
shall be a separate bond, not including liabilities for other funds, and shall 
be approved by the board of county commissioners, and that board may from 
time to time, if necessary, require him to strengthen his bond. 

Compensation of county treasurer for receiving and disbursing schooi 
FUNDS. (Rev. 1905, sec. 2778.) The county treasurer shall receive as com- 
pensation in full for all services required of him such a sum, not exceeding 
one-half of one per cent on moneys received and not exceeding two and a 
half per cent on moneys disbursed by him, as the board of county commis- 
sioners of the county may allow. As treasurer of the county school fund he 
shall receive such sum as the board of education may allow him, not exceed- 
ing two per cent on disbursements: Provided, that said treasurer shall be 
allowed no commission or compensation for receipts and disbursements of 
any loan or loans made to the county by the State Board of Education under 
section four thousand and fifty-three of the Revisal of one thousand nine 
hundred and five: Provided, that in counties where his compensation can 
not exceed the sum of two hundred and fifty dollars the said treasurer may 
be allowed a sum not exceeding two and a half per cent on his receipts and his 
disbursements: Provided further, that the County Treasurer of Buncombe 
County shall receive as compensation in full for all services required of him 
seventeen hundred and fifty dollars per annum, paid pro rata from the county 
fund and the school fund. The County Treasurer of Gaston County shall 
receive as compensation in full for all services required of him a yearly 
salary not exceeding twelve hundred dollars to be fixed by the commissioners 
of said county. The County Treasurer of Mecklenburg County shall receive 
as compensation in full for all services required of him a yearly salary not 
exceeding twenty-seven hundred and fifty dollars, to be fixed by the commis- 
sioners of said county; said salaries to be in lieu of all commissions allowed 
by law. The Treasurer of Martin County shall receive as his commissions 
two and one-half per cent on all money received by him as general county 



Public School Law of North Carolina 67 

fund and two and one-half per cent on all money disbursed by him as general 
county fund. Commissions on school fund shall remain as already provided 
by law. 

1901, c. 4, ss. 46, 47; Revisal 1905, c. 66, s. 2778; 1913, c. 149. 

4153. Bond, action on. The board of county commissioners shall bring 
action in the name of the State upon the relation of such board for any 
breach of the bond of the treasurer of the county school fund, and on its 
failure to bring such action it may be brought in the name of the State on the 
relation of any taxpayer. 

1901, c. 4, s. 47. 

4154. To KEEP DETAILED ACCOUNT OF RECEIPTS; TO ACCEPT MONEY ONLY. The 

treasurer of the county school fund shall keep a book in which shall be 
entered a full and detailed account of all public school moneys received by 
him, the name of each person paying him school money, the source from 
which the same may have been derived, and the date of such payment. In 
his settlement with the sheriff or other collecting officer of public school 
funds the treasurer shall receive money only. 
1901, c. 4, s. 52. 

4155. To PAY ONLY SUCH ORDERS AS ALLOWED HEREIN. Every Order for the 
payment of a teacher's salary, for building, repairs, school furnishing or for 
the payment of money for any purpose whatsoever, before it shall be a valid 
voucher for the county treasurer, shall be signed first by at least two mem- 
bers of the school committee, then by the county superintendent. No order 
shall be signed by the county superintendent for more money than is to the 
credit of that district for the fiscal year, nor shall he endorse the order of 
any teacher who does not produce a certificate as required by law. The 
treasurer shall not pay any school money for building or repairing any 
schoolhouse unless the site on which it is located has been donated to or 
purchased by the county board of education and the deed for the same 
regularly executed and delivered to such board and probated and registered 
in the office of the register of deeds for the county and delivered to the clerk 
of the Superior Court, to be by him safely deposited with his valuable official 
papers and surrendered to his successor in office. 

1901, c. 4, s. 48. 

4156. To BE AT HIS OFFICE ON LAST SATURDAY IN MONTH. The treasurer 
of the county school fund shall, on the last Saturday of each month, attend 
at his office for the purpose of paying school orders, but this shall not prevent 
the payment of orders at other times. 

1901, c. 4, s. 58. 

4157. To KEEP AN ACCOUNT WITH EACH TOWNSHIP AND DISTRICT; ANNUAL 

REPORT OF BALANCES. It Shall be the duty of the treasurer of the county 
school fund to keep a book in which he shall open an account with each 
township in the county, showing the amount apportioned to such township by 
the county board of education. He shall also open an account with each 
school district, showing the amount apportioned to such district. He shall 
record all payments of school money, giving the date, the amount, the person 
to whom paid and for what purpose paid. He shall balance the account of 
each township and district annually on the thirtieth of June, and shall 
report by letter or printed circular, within ten days thereafter, such balances 
to the county board of education and to the school committee. 
1901, c. 4, s. 49. 
5 



68 Public School Law of N'orth Carolina 

4158. to report annually to sxate superintendent and to county boaed. 
The treasurer of any county, town or city school fund shall report to the 
State Superintendent of Public Instruction on the first Monday of August 
of each year the entire amount of money received and disbursed by him 
during the preceding school year, designating by items the amounts received, 
respectively, from property tax, poll tax, liquor licenses, fines, forfeitures 
and penalties, auctioneers, estrays, from State Treasurer and from other 
sources. He shall also designate by item the sum paid to teachers of each 
race, respectively, for schoolhouses, school sites in the several districts, and 
for all other purposes, specifically and in detail, by item, and on the same 
date he shall file a duplicate of such report in the office of the county board 
of education. He shall make such other reports as the county board of 
education of the county may require from time to time. Whenever the 
sheriff or other collecting officer pays over money to the treasurer of the 
school fund he shall designate the items as indicated in this section, and 
these items shall be stated in the receipts given by the treasurer. In all 
counties in which the office of county tieasurer has been abolished all banks 
or other corporations handling the public school funds shall be required to 
make all reports thereof required of the treasurer of the county school funds 
under sections four thousand one hundred and fiity-seven and four thousand 
one hundred and fifty-eight of the Revisal of one thousand nine hundred and 
five as amended by any subsequent legislation. 

1901, c. 4, ss. 51, 56; 1913, c. 149; 1915, c. 236. 

4159. Duties on expiration of his term. Each treasurer of the county 
school fund, in going out of office, shall deposit in the office of the board of 
education of his county his books in which are kept his school accounts, 
and all records and blanks pertaining to his office. If the term of office of 
any treasurer shall expire on the thirtieth day of November during any fiscal 
school year; or if for any reason he shall hold office beyond the thirtieth day 
of November and not for the whole of the current fiscal school year, he 
shall at the time he goes out of office file with the county board of education 
and with his successor a report, itemized, as required by the next preceding 
section, covering the receipts and disbursements for that part of the fiscal 
school year from the thirtieth of June preceding to the time at which he 
turns over the office to his successor, and his successor shall include in his 
report to the State Superintendent the receipts and disbursements for the 
current fiscal year. 

1901, c. 4, ss. 57, 58. 

4160. To EXHIBIT BOOKS, VOUCHERS AND MONEY TO COUNTY BOARD. The treas- 
urer of the county school fund shall, when required by the county board of 
education, produce his books and vouchers for examination and shall also 
exhibit all moneys due the public school fund of the county at such settle- 
ment required by this chapter. 

1901, c. 4, s. 50. 

Treasurer failing to report. (Rev. 1905, sec. 3839.) If any treasurer 
of the county, town or city school fund shall fail to make reports required of 
him at the time and in the manner prescribed, or to perform any other 
duties required of him by law, he shall be guilty of a misdemeanor and be 
fined not less than fifty dollars and not more than two hundred dollars or 
imprisoned not less than thirty days nor more than six months, in the dis- 
cretion of the court. 

Revisal of 1905, v. I, c. 81, s. 3839; 1913, c. 149. 



Public School Law of I^orth Carolina 69 



XII. PRIVILEGES AND DUTIES OF TEACHERS 

Summary. — ^All teachers are elected by the school committee, but elec- 
tion MUST BE approved BY THE COUNTY SUPERINTENDENT. A TEACHER CAN NOT 
BE DISMISSED EXCEPT FOR CAUSE, AFTER WRITTEN CHARGES HAVE BEEN PREFERRED 
AND AN INVESTIGATION HELD. NO CONTRACT IS LEGAL UNLESS IT WAS ENTERED 
INTO WITH THE COMMITTEE AT A REGULARLY CALLED MEETING, AND UNLESS THE 
CONTRACT DOES NOT EXTEND BEYOND THE TERM OF OFFICE OF THE COMMITTEE, AND 
UNLESS THE COMPENSATION WHICH THE CONTRACT NAMES IS WITHIN THE SALARY 
LIMIT PRESCRIBED- BY THE COUNTY BOARD FOR THE PARTICULAR SCHOOL CONTRACTED 

FOR. Examination and certification of teachers and superintendents are 

UNDER THE CONTROL OF THE StATE BOARD OF EXAMINERS AND INSTITUTE CON- 
DUCTORS. See CHAPTER 146, Public Laws 1917. The second grade certifi- 
cate ENTITLES the HOLDER TO TEACH ONE YEAR AND LIMITS THE HOLDER'S SALARY 
TO $35 PER MONTH. HOLDERS OF THIRD-GRADE CERTIFICATES CAN BE EMPLOYED 
ONLY AS ASSISTANTS. AlL TEACHERS MUST BE 18 YEARS OF AGE OR OVER. No 

diploma of any college or normal school gives its holder the right to 
teach, though credits may be allowed by the state board of examiners 
on the basis of academic and professional training. every teacher must 
keep certain records and make certain reports before salary can be col- 
lected; must encourage morality and good order and maintain discipline. 
Every teacher is required once every two years to attend the county 
institute, if held. immoral and willfully disobedient pupils may be dis- 
MISSED BY THE TEACHER. ThERE IS NO REGULATION FORBIDDING CORPORAL PUN- 
ISHMENT. 

4161. School committee to employ and dismiss teachers; notice; con- 
tracts. The school committee shall have authority to employ and dismiss 
teachers, but no teacher shall be dismissed until charges shall have been 
filed in writing with the county superintendent, and after a hearing shall 
have been had before the committee of the district in which such teacher is 
teaching, after two days notice to such teacher. The committee shall meet 
at convenient times and places for the employment of teachers for the public 
schools, and no teacher shall be employed by any committee except at a regu- 
larly called meeting of such committee, due notice of such meeting having 
been given at three public places by the committee. The county board of 
education of each county shall fix annually a day and place in each township 
for the meeting of the township or district committeemen of said townships, 
who shall, in conference with the county superintendent, with whom applica- 
tion must have previously been filed by all applicants, select the teachers for 
their respective schools, except for rural public high schools: Provided, that 
no election of any teacher or any assistant teacher shall be deemed valid until 
such election has been approved by the county superintendent; and no 
voucher for the salary of a teacher of any school shall be signed by any 
county superintendent unless a copy of such teacher's contract has been 
filed with him as herein provided, and unless he shall have received satis- 
factory evidence that such teacher has been elected in strict accordance with 
this section. No contract for teachers' salaries shall be made during any 
year to extend beyond the term of ofiice of the committee, nor for more 
money than accrues to the credit of the district for the fiscal year during 
which the contract is made. 

4162. [Repealed, chapter 146, section 12, Public Laws 1917.] 



70 Public School Law of J^orth Carolina 

4163. Age, qualifications, certificates, grades and pay of; school month 
DEFINED. No person shall be employed as a teacher who does not produce a 
certificate from the county superintendent or State Superintendent of Public 
Instruction, dated within the time prescribed by law and continuing to the 
end of the term. No assistant teacher shall be employed in any one-teacher 
school until the average daily attendance shall have reached at least forty 
pupils, and in case the rep.orts of any teacher shall for four consecutive 
weeks show an average daily attendance of less than forty pupils the assist- 
ant teacher may be dismissed. There shall 'be an average daily attendance 
of not less than twenty xtupils for each additional teacher employed. No 
certificate to teach shall be issued to any person under eighteen years of 
age. Teachers of second grade shall receive not more than thirty-five dollars 
per month out of the public fund, and teachers of the first grade may receive 
such compensation as shall be agreed upon. Teachers of the third grade 
shall receive not more than twenty dollars per month, but no third-grade 
certificate shall be renewed and no holder of a third-grade certificate shall 
be employed except as an assistant teacher. No teacher shall receive any 
compensation for a shorter term than one month, unless providentially 
hindered from completing the term. Twenty school days of not less than 
six hours nor more than seven hours each day shall be a month. The school 
term shall be continuous, as far as practicable. All laws and clauses of 
laws granting to or conferring upon the graduates or ex-students or stu- 
dents of any institution of learning, private or public, within this State 
or elsewhere, immunity, exemption or freedom from the operation of laws 
of this State requiring persons who desire to teach in free public schools 
of the State to submit to and pass regular examinations before the county 
superintendents before being duly qualified to serve as such teachers are 
hereby repealed. The county board of education shall fix, within the limits 
above prescribed, the maximum salary to be paid to teachers in each school 
in the county. 

1901, c. 4, ss. 22, 24, 27, 34; 1901, c. 3, s. 2; 1901, c. 535; 1903, c. 435, ss. 9, 
16; 1911, c. 135; 1913, c. 149; 1917 c. 285. 

[Committeemen cannot contract to pay any teacher more than the salary 
fixed for the school hy the county board. Such salary may be increased 
by private subscription and with approval of county board out of local 
tax funds.'] 

4164. Salary, how paid; closing schools for nonattendance of pupils. 
At the end of every term of a public school the teacher or principal of the 
school shall exhibit to the school committee a statement of the number of 
pupils, male and female, the average daily attendance, the number of pupils 
completing elementary grades, the length of term and the time taught. 
If the committee is satisfied that the provisions of this chapter have been 
complied with, they shall give an order on the treasurer of the county school 
fund, payable to such teacher, for the full amount due for services rendered; 
but monthly, and, if required by the county superintendent, weekly state- 
ments and reports shall be made by the teacher to the committee and to the 
county superintendent. Orders on the treasurer shall be valid when signed 
by two members of the committee and countersigned by the county superin- 
tendent. When a monthly or weekly report of any school where the district 
does not contain over one hundred and fifty children shows an average daily 
attendance of less than one-fifth of the school census, the committee may. 



Public School Law of J^okth Carolina 71 

with the approval of the county superintendent of schools, order the school 
to be closed, and the money due such school shall remain to the credit of 
that school; but all funds remaining to the credit of such school at the 
close of the school year, unused because of nonattendance, shall be returned 
to the general fund for reapportionment, unless such nonattendance shall 
have been caused by providential or other unavoidable causes; and the 
county board of education, upon the recommendation of the county superin- 
tendent, shall have authority to close any school for either race in any town- 
ship before it shall have continued for the average length of school term for 
the township in case the attendance does not justify the continuance of the 
school, and the money remaining to the credit of such district thus closed 
for nonattendance shall be returned to the general school fund. The 
county board of education of each and every county is hereby authorized 
and directed to provide for the prompt payment of all teachers' salaries 
due at the end of each school month. 

1901, c. 4, ss. 23, 24; 1903, c. 435, ss. 8, 9; 1905, c. 533, s. 4; 1913, c. 149. 
[Monthly reports should he required of every teacher, so that this section 
can be intelligently carried out.} 

4165. Keep record; report to county superintendent, also to State 
Superintendent, when. Every teacher or principal of a school to which aid 
shall be given under this chapter shall keep such record of the attendance 
and classification of pupils as shall be prescribed by the State Superintendent 
of Public Instruction or the county board of education; and at the end of 
each term, and, when requested, at other times, every teacher or principal 
shall report to the county superintendent of schools in such form and man- 
ner and on such blanks as shall be furnished by the county superintendent 
of schools or the State Superintendent of Public Instruction. At the end of 
every term every principal or teacher of a public school shall report to the 
county superintendent of schools the length of term of the school, the race 
for which it was taught, the number, the sex and average daily attendance 
of the pupils, and the number of the district in which the school is taught, 
the number of children on census blank not attending any school, number of 
children under seventeen years of age not attending any school, stating some 
causes why they did not attend; how many families having children of school 
age who did not send any of their children to school; how many families did, 
stating what personal effort had been made to get the children to attend 
school. The county superintendent shall not approve the final voucher for 
the salary of any principal or teacher until all reports have been made 
according to law and until the register has been properly filled out and 
filed with the county superintendent of schools. The principal or superin- 
tendent of every school or institution of learning supported in whole or in 
part by public funds shall report to the State Superintendent at such time 
and in such form as he may direct, and shall also report to the county 
superintendent of the county in which such school or institution of learning 
is situated. 

1901, c. 4, ss. 64, 66; 1903, c. 435, s. 21; 1903, c. 533, s. 11. 
[The county superintendent should always require all reports to he fully 
and accurately signed before he signs the teacher's voucher for the last 
month's salary.] 

4166. To maintain order and encourage virtue; to dismiss improper 
pupils. It shall be the duty of all teachers of free public schools to main- 



72 Public School La"\v of J^orth Carolina 

tain good order and discipline in their respective schools; to encourage 
morality, industry and neatness in all of their pupils, and to teach thoroughly 
all branches which they are required to teach. Pupils who willfully and 
persistently violate the rules of the school and any of immoral life and 
character shall be dismissed by the teacher. 

1901, c. 4, s. 63. 

4167. [Repealed, chapter 146, section 12, Public Laws 1917.] 

XIII. RURAL LIBRARIES 

Summary. — In any school district, incorporated towns having as many 
AS 1,000 inhabitants excepted, there may be established by aid of the 
State, a school library. The patrons and friends of the school are re- 
quired to raise by private donations as much as 1 10 AND tender it to the 

COUNTY treasurer. THEREUPON THE COUNTY BOARD OF EDUCATION SHALL APPRO- 
PRIATE $10 OUT OF THE GENERAL SCHOOL FUND OF THE COUNTY, AND THE COUNTY 
SUPERINTENDENT SHALL CERTIFY THE SAME TO THE StATE SUPERINTENDENT. 

The State Superintendent is then required to send $10 from the State 
appropriation to the treasurer of the county, and the $30 used in the 
purchase of books selected from a list approved by THE State Superin- 
tendent. The county board is required to furnish out of the general 

SCHOOL FUND A NEAT BOOKCASE, WITH LOCK AND KEY. The LIBRARY THUS ES- 
TABLISHED SHALL BE CONDUCTED UNDER RULES AND REGULATIONS PRESCRIBED BY 

THE State Superintendent. Libraries may be enlarged by the addition 
OF $15 worth of books, $5 OF which must be raised by private donations, 
$5 BE appropriated out of the general county school fund, and $5 BE given 
OUT OF THE State appropriation; and the additional books must be se- 
lected from a list approved by the State Superintendent. After ten 
years a district is entitled to receive aid for a second library. 

Note. — Sections IflGS-Jflll relate to Indians of Roheson County and are 
printed after rural library sections. 

4172. How established; duties of school officials; manager appointed. 
Whenever the patrons and friends of any free public school in which a library 
has not already been established by aid of the State shall raise by pri- 
vate subscription and tender to the treasurer of the county school fund for 
the establishment of a library to be connected with such school the sum of 
ten dollars, the county board of education shall appropriate from the general 
county school fund the sum of ten dollars for this purpose, and shall appoint 
one intelligent person in the school district the manager of such library. The 
county board shall also appoint one competent person, well versed in books, 
to select books for such libraries as may be established under these provi- 
sions from lists of books approved by the State Superintendent of Public 
Instruction: Provided, that after any school district shall have had a 
library for ten years or longer under the provisions of this section, said 
school district shall be entitled to receive a second library in accordance 
with the foregoing provisions of this section. 

1901, c. 662, s. 6; 1903, c. 226, s. 1; 1905, c. 381; 1915, c. 236. 

4173. State Board of Education to contribute. As soon as such board 
shall have made an appropriation for a library in the manner prescribed, the 
county superintendent shall inform the secretary of the State Board of Edu- 



Public School Law of ^orth Carolina 73 

cation of the fact, whereupon the State Board shall remit to the treasurer of 
the county school fund the sum of ten dollars additional for the purchase of 
books. 

1901, c. 662, s. 7; 1903, c. 226, s. 2; 1905, c. 381, s. 2. 

4174. Books and bookcases, how purchased. Within thirty days after 
the payment of the money to the treasurer of the county school fund, the per- 
son appointed to select the books shall submit the list of books to be pur- 
chased and prices of same, to such treasurer, who shall order the books at 
once. The treasurer shall receive no compensation except his regular com- 
mission. The county board shall furnish, at the expense of the general 
county school fund, a neat bookcase, with lock and key, to each library, 
upon application of the county superintendent. 

1901, c. 662, s. 8; 1903, c. 226, s. 3; 1905, c. 381, s. 3. 

4175. Rules to be made by State Superintendent. The local manager of 
every library shall carry out such rules and regulations for the proper use 
and preservation of the books as may be established by the State Superin- 
tendent of Public Instruction, and shall, on or before June thirtieth of each 
year, make to the State Superintendent of Public Instruction such reports as 
he shall require. 

1901, c. 662, s. 9; 1903, c. 226, s. 4; 1905, c. 381, s. 4. 

[The State Superintendent will furnish a copy of the rules on application .'\ 

4176. Exchange of libraries. The local managers of two or more libraries 
may, by agreement, exchange libraries; but no exchange shall be made 
oftener than once in six months, and no part of the expense of exchanging 
libraries shall be paid out of the public funds. 

1901, c. 662, s. 10; 1903, c. 226; s. 5; 1905, c. 381, s. 5. 

4177. Enlargement of libraries, appropriations for. Whenever the pa- 
trons and friends of any free public school in which a library has been 
established under the provisions of this sub-chapter shall raise by private 
subscription and tender to the treasurer of the county school fund the sum 
of five dollars for the enlargement of the library, the county board of educa- 
tion shall appropriate from the general school fund the sum of five dollars, 
and the State Board of Education shall remit to the treasurer of the county 
school fund the sum of five dollars. The money thus collected and appropri- 
ated shall be used for the enlargement of libraries already established under 
the same rules and restrictions as govern the establishment of new libraries. 

1903, c. 226, s. 6; 1905, c. 381, s. 6. 

4178. Number of libraries limited; cities and towns excluded, when. 
Not more than six new libraries, in addition to those already established, 
shall be established biennially in any county under the provisions of the 
preceding sections, and not more than six libraries already established in any 
county shall be entitled biennially to the benefits of section six of this act: 
Provided, that after November thirtieth, one thousand nine hundred and 
six, and after November thirtieth of every second year thereafter, if any of 
the aforesaid biennial appropriation for the years ending on such date 
shall still be in the hands of the State Treasurer, any free public school 
which shall fulfill the conditions set forth in the preceding sections shall 
be entitled to receive the benefits of this act, regardless of the number of 
libraries already established in the county in which said school is located, 
until the aforesaid balance of each biennial appropriation available for the 



74 Public School Law of N'orth Carolina 

purpose is exhausted. No school district in any incorporated town with a 
population exceeding one thousand persons shall receive any moneys under 
the provisions of this act. 

1901, c. 662, s. 12; 1903, c. 226, s. 8; 1905, c. 381, ss. 8, 9. 

[After the Mennial period has passed, the libraries not taken during that 
period may &e taken hy any county desiring them.'] 

4179. Additional appropriations of State funds. The sum of seven thou- 
sand five hundred dollars of the appropriation for the public schools of the 
State is hereby biennially appropriated and set apart to be expended by 
the State Board of Education under the provisions of this subchapter: Pro- 
vided, that of each biennial appropriation a sum not exceeding five thousand 
dollars may be expended by the State Board of Education in the establish- 
ment of new libraries, and a sum not exceeding two thousand five hundred 
dollars may be expended by the State Board of Education in the enlargement 
of libraries according to the provisions of sections four thousand one hundred 
and seventy-seven of this subchapter: Provided further, that any balance of 
the biennial appropriation of two thousand five hundred dollars for the 
enlargement of libraries remaining in the hands of the State Treasurer at 
the end of each biennial period shall be used for the establishment of new 
libraries in accordance with the provisions of section four thousand one 
hundred and seventy-two of the Revisal of one thousand nine hundred and 
five of North Carolina. 

1901, c. 662, s. 11; 1903, c. 226, s. 7; 1905, c. 381, s. 7; 1909, c. 525. 

XIV. SEPARATE SCHOOLS FOR INDIANS OF ROBESON COUNTY 

The provisions of the school law relating to the Croatan Indians of Rich- 
mond, Sampson, and Robeson counties are as follows: 

4168. Separate schools for. The persons residing in Robeson, Sampson, 
and Richmond counties, supposed to be descendants of a friendly tribe once 
residing in the eastern portion of the State, known as Croatan Indians, and 
their descendants, shall be known and designated as the Indians of Robeson 
County, and they and their descendants shall have separate schools for their 
children, school committees of their own race and color, and shall be allowed 
to select teachers of their own choice, subject to the same rules and regula- 
tions as are applicable to all teachers in the general school law, and there 
shall be excluded from such separate schools for the Indians of Robeson 
County all children of the negro race to the fourth generation. 

1885, c. 51, s. 2; 1889, c. 60, s. 1; 1911, c. 215. 

4169. County board to carry provisions into effect. It shall be the duty 
of the county board of education to see that the next preceding section is 
carried into effect, and shall for that purpose have the census taken of all the 
children of such Indians and their descendants between the ages of six and 
twenty-one, and proceed to establish such suitable school districts as shall be 
necessary for their convenience, and take all such other and further steps as 
may be necessary for the purpose of carrying such section into effect; and 
where any children, descendants of such Indians, shall reside in any district 
in such counties of Robeson and Richmond in which there are no separate 
schools provided for their race they shall have the right to attend any of 
the public schools in the county provided for their race, and their share of 
the public school fund shall be appropriated to their education upon the cer- 



Public School Law of ISTorth Carolina • 75 

tificate of the school committee in the district in which they reside stating 
that they are entitled to attend such public schools 
1885, c. 51, ss. 3, 4. 

4170. Pro rata share of school funds kept separate. The treasurer of 
the county school fund and other proper authorities whose duties are to 
collect, keep, and apportion the school fund shall procure from the county 
board of education the number of children in the county between the ages of 
six and twenty-one, belonging to such Indian race, and shall set apart and 
keep separate their pro rata share of the school funds, which shall be paid 
out under the same rules in every respect as are provided in the general 
school law and in the next preceding section. 

1885, c. 51, s. 4. 

4171. General school law applicable to. The general public school law 
shall be applicable in all respects to such separate schools for the Indians of 
Robeson County, except where such general law is repugnant to these special 
provisions relating to such schools, and these special provisions for separate 
schools for Croatan Indians shall apply only to the counties of Robeson, 
Sampson, and Richmond. 

1885, c. 51, s. 5; 1911, c. 215. 



LAWS RELATING TO THE ADOPTION OF TEXT-BOOKS 



4057. Text-book Commission created. The State Board of Education is 
hereby constituted a State Text-book Commission, whose duty it is, acting 
conjointly with the subcommission, to select and adopt a uniform series or 
system of text-books for use in the public schools in the State of North Caro- 
lina, and who shall serve without compensation. The Governor shall be 
ex officio president of such commission and the Superintendent of Public 
Instruction its secretary. 

1901, c. 1, ss. 1, 2, 7, 20; 1911, c. 118. 

4058. Powers; term of contracts made by. The commission may from 
time to time make any necessary regulations, not contrary to the provisions 
of this chapter, to secure the prompt distribution of the books herein pro- 
vided for, and the prompt and faithful performance of all contracts. At 
any time within six months before the expiration of the contracts now in 
force for furnishing books to the public schools, the commission may adver- 
tise for new bids or proposals, as required by this chapter, and enter into 
such other contracts as they may deem best for the interest of the patrons 
of the public schools of the State. Any contract entered into or renewed 
shall be for the term of five years. 

4059. Term of office and powers. The commission shall maintain its 
organization during the five years of the continuance of the contract now in 
force, and at any time within six months before the expiration of the same 
shall advertise for new bids, or proposals, as required by this chapter in 
the first instance, and enter into such other contracts as it may deem best 
for the interest of the patrons of the public schools of the State; and the 
commission may from time to time make any necessary regulations not 
contrary to the provisions of this chapter to secure the prompt distribution 
of books herein provided for, and the prompt and faithful performance of 
all contracts. 

1901, c. 1, s. 14; 1911, c. 118. 

4060. Character and requisites of books to be adopted. The uniform 
series of text-books to be selected by the commission and the subcommission 
shall include the following branches, to wit: Orthography, defining, reading, 
writing, drawing, arithmetic, geography, grammar, language lessons, history 
of North Carolina containing the Constitution of the State, history of the 
United States containing the Constitution of the United States, physiology, 
hygiene, nature and effect of alcoholic drinks and narcotics, elements of 
civil government, elements of agriculture. None of such text-books shall 
contain anything of a partisan or sectarian character, and all shall be written 
or printed in English. 

1901, c, 1, ss. 2, 8; 1911, c. 118. 

4061. Exclusive use of books adopted by. The books adopted by the 
commission and subcommission as a uniform system of text-books shall be 
introduced and used as text-books, to the exclusion of all others, in all the 
public free schools in the State for a period of five years from the date of 
adoption; and it shall not be lawful for any school officer, director, or teacher 
to use any books upon the same branches other than those adopted by the 



Public School Law of I^orth Caeolina 77 

commission. Nothing herein shall prevent the use of supplementary books, 
but such supplementary books shall not be used to the exclusion of the books 
prescribed or adopted under the provisions of this chapter; nor shall any- 
thing herein prevent the teaching in any school any branch higher or one 
more advanced than is embraced in the next preceding section, nor the use 
of any book upon such higher branch of study, but such higher branch shall 
not be taught to the exclusion of the branches mentioned and set out in the 
next preceding section. 

4062. Can purchase elsewhere when contractor fails to supply; 
TEACHER ALLOWING OTHER BOOKS DISMISSED. Nothing herein shall prevent or 
prohibit the patrons of the public schools throughout the State from procur- 
ing books in the usual way, in case no contract sh^ll be made or the contrac- 
tor fails or refuses to furnish the books provided for in this chapter at 
the time required for their use in the respective schools. If any teacher shall 
willfully use or permit to be used in his school any text-book upon the 
branches embraced in this chapter, where the commission has adopted a 
book upon that branch, other than the one so adopted, the county board of 
education shall discharge and cancel the certificate of such teacher or school 
superintendent; but they may use or permit to be used such book or books 
as may be owned by the pupils of the school at the time of the adoption 
until such books are worn out, not exceeding one year from the date of 
adoption. 

1901, c. 1, ss. 2, 16, 17, 18; 1911, c. 118. 

4063. SuBcoMMissioN TO BE APPOINTED. It Shall be the duty of the Gov- 
ernor and the State Superintendent of Public Instruction to appoint a sub- 
commission of six members, to be selected from among the teachers or 
county superintendents actually engaged in school work in this State; and 
members of the subcommission actually serving shall be paid a per diem of 
four dollars per day during the time that they are actually engaged in such 
service, and in addition shall be repaid all money actually expended by them 
in payment of necessary expenses, to be paid out of the public funds of the 
State Treasury, and they shall make out and swear to an itemized statement 
of such expenses. 

1907, c. 835, s. 1, par. (b) ; 1911, c. 118, s. 1, par. (f). 

4064. Oath of subcommissioners. Each member of the subcommission, 
before entering upon the discharge of his duties, shall take and subscribe 
an oath to act honestly, conscientiously, and faithfully, and that he is not 
now, has not within two years prior to his appointment, been agent or attor- 
ney for or in the employment of or interested in any book or publishing 
house, concern or corporation making or proposing to make bids for the sale 
of books, pursuant to the provisions of this chapter, and that he will care- 
fully and faithfully examine all books submitted, and make true report 
thereon, as herein directed and prescribed. Such oath shall be filed in the 
office of the Secretary of State. 

1901, c. 1, s. 5. 

4065. Examination of books by subcommission, and report tiiereox. To 
the subcommission shall be referred all books sent to the State Text-book 
Commission as specimen copies or samples upon which bids are to be based; 
and it shall be the duty of the subcommission, in executive session, to exam- 
ine and report upon the merits of the books, irrespective of the price, taking 
into consideration the subject-matter of the books, their printing, their 



78 Public School Law of ITorth Carolina 

material, and their mechanical qualities and their general suitability and 
desirability for the purposes for which they are desired and intended. The 
subcommission shall report to the commission at such time as the commis- 
sion shall direct, arranging each book in its class or division and reporting 
books in the order of their merit, pointing out the merits and demerits of 
each, and indicating what book it recommends for adoption first, what book 
is its second choice, and its third choice, and so on, pursuing this plan with 
the books submitted upon each branch of study; and if the subcommission 
shall consider different books upon the same subject or of the same class or 
division of approximately even merit, all things being considered, it shall 
so report, and, if it considers that any book offered is of such a class as to 
make it inferior and not worthy of adoption, shall in its report so designate 
such book. In its report it shall make such recommendations and sugges- 
tions to the commission as it shall deem advisable and proper to make. 
1901, c. 1, ss. 3, 4. 

4066. Report, when opened and wheee filed. The report of the subcom- 
mission shall be kept secret and sealed up and delivered to the secretary of 
the commission, and shall not be opened by any member of the commission 
until the commission and the subcommission shall meet in joint executive 
session to open and consider the bids or proposals of publishers or others 
desiring to have books adopted by the commission; and when such commis- 
sion shall have finished with such report it shall be filed and preserved in 
the oflice of the Superintendent of Public Instruction, and shall be open at 
all times for public inspection. 

1901, c. 1, ss. 4, 6; 1911, c. 118. 

4067. Selection and adoption of books by the commission and the sub- 
commission. The commission and subcommission in their selection and 
adoption of a uniform series of text-books shall consider the merits of the 
books, taking into consideration their subject-matter, the printing, binding, 
material, and mechanical quality, their general suitability, and desirability 
for the purposes intended, and the price. The Text-book Commission and the 
subcommission in joint session shall select and adopt such books as will, in 
their judgment, best accomplish the ends desired"; and in case any books are 
deemed by them suitable for adoption and more desirable than o£her books 
of the same class or division submitted, and in case they consider the price at 
which such books are offered to be unreasonably high, and that the same 
should be offered at a smaller price, they are hereby authorized and directed 
to notify immediately the publishers of such books of their decision, and re- 
quest such reduction in price as they deem reasonable or just; and if they 
shall agree on a price with such publishers they may adopt such books; but 
upon failure to agree upon price, they shall use their sound judgment and 
discretion as to the adoption of those or of other books deemed by them to be 
the next best in the list submitted. 

1911, c. 118, s. 1, par. (h). 

4068. Advertisement for bids. At any time within six months before the 
expiration of the now existing contracts, the commission shall advertise, in 
such manner and for such a length of time and at such places as may be 
deemed advisable, that at a time and place fixed definitely in the advertise- 
ment sealed bids or proposals will be received from the publishers of school 
text-books for furnishing books to the public schools in the State of North 
Carolina, through agencies established by the publishers in the several 



Public School Law of Korth Carolina 79 

counties, and in the several places in the counties of the State as may be 
provided for in such regulations as the commission may adopt and prescribe. 
The advertisement shall also state in substance the requirements of the 
next succeeding section, and shall reserve the right to the commission to 
reject all bids. 

1901, c. 1, ss. 1, 7, 11, 14; 1911, c. 118. 

4069. Bids, how made; contents of. The bids or proposals shall be for 
furnishing books for a period of five years, and no longer, and no bid for a 
longer period shall be considered. The bids shall state specifically and 
definitely the price at which books are to be furnished, and shall be accom- 
panied by ten or more specimen copies of each and every book proposed to be 
furnished; and it shall be required of each bidder to deposit with the Treas- 
urer of the State a sum of money, such as the commission may require, not 
less than five hundred nor more than twenty-five hundred dollars, according 
to the number of books each bidder may propose to supply, and such deposits 
shall be forfeited absolutely to the State if the bidder making the deposit 
of any sum shall fail or refuse to make and execute such contract and bond, 
as is hereinafter required, within such time as the commission shall require. 
All bids shall be sealed and deposited with the Secretary of State, to be by 
him delivered to the commission when in executive session, for the purpose 
of considering the same, when they shall be opened in the presence of the 
commission; and each person or publisher making a bid for the supplying of 
any books shall state in such bid or proposal the exchange price at which 
such books shall be furnished. It shall be the duty of the Secretary of State 
to carefully preserve in his office as the. standard of quality and excellence to 
be maintained in such book during the continuance of the contracts for fur- 
nishing the same, the specimen or sample copies of all books which have 
been the basis of any contract, together with the original bid or proposal. 

1901, c. 1, ss. 7, 9, 10. 

4070. Bids and proposals may be rejected. The commission shall have 
and reserve the right to reject any and all bids or proposals if of the opinion 
that any or all should for any reason be rejected; and, in case it fail from 
among the bids or proposals submitted to select or adopt any books upon any 
of the branches prescribed by this chapter, may readvertise for sealed bids or 
proposals, under the same terms and conditions as before, and proceed with 
its investigations in all respects as in the first instance and as required by the 
terms and provisions of this chapter; and the commission shall have and 
reserve the same rights in cases of advertisement for and presentation of 
bids and proposals for manuscripts and unpublished books hereinafter pro- 
vided for in this chapter. 

1901, c. 1, s. 11. 

4071. Manuscripts and unprinted books may be adopted. In the event 
that the commissoin rejects the bids for furnishing any book, or in case it 
fail to adopt any book of the classes required, it may advertise for sealed 
bids or proposals from authors or publishers of text-books who have manu- 
scripts or books not yet published, for prices at which they will publish 
and furnish in book foi'm such manuscripts for use in the public schools of 
North Carolina, proceeding in like manner as in bids for furnishing books; 
but the State itself shall not under any circumstances enter into any con- 
tract binding it to pay for the publication of any book, but in the contract 
with the owner of the manuscript it shall be provided that he shall pay the 



80 Public School Law of IsTokth Carolina 

compensation to the publisher for the publication and putting in book form 
the manuscript, together with the cost and expense of copyrighting the same. 
All such bids or proposals shall be accompanied with a cash deposit of from 
five hundred to twenty-five hundred dollars, as the commission may direct 
and as heretofore provided in this chapter; and it is expressly provided that 
any person now doing business or proposing to do business in this State 
shall have the right to bid for the contract to be awarded hereunder in 
manner as follows: In response to the advertisement such person may 
submit his written bid to edit or have edited, published, and supplied for use 
in the public schools in this State any book provided for hereunder. Instead 
of filing with the bid or proposal a sample or specimen or copy of each book 
proposed to be furnished, he may exhibit to the commission, in manuscript 
or printed form, the matter proposed to be incorporated in any book, together 
with such a description and illustration of the form and style thereof as 
will be fully intelligible and satisfactory to the commission, or he may sub- 
mit a book the equal of which in every way he proposes to furnish, and he 
shall accompany his bid or proposal with the cash deposit hereinbefore 
required. All such books and manuscripts shall be examined and reported 
upon by the subcommission before being adopted. 
1901, c. 1, s. 11. 

4072. Commission to deliver sample books to subcommission. It shall 
be the duty of the commission to meet at the time and place designated in 
the advertisement and take out the sample or specimen copies submitted, 
upon which the bids are based, and refer and submit them to the subcom- 
mission, as provided for and directed in this chapter, with instructions to 
the subcommission to report at a time specified, with the classification and 
recommendation, as provided in this chapter. 

1901, c. 1, s. 8. 

4073. Adoption of books. When the report of the subcommission is sub- 
mitted it shall be the duty of the commission and the subcommission to meet 
in joint executive session to open and examine all sealed proposals submitted 
and received in pursuance of the notice or advertisement provided for in 
this chapter. It shall be the duty of the commission and the subcommission 
to examine and consider all such bids or proposals, together with the report 
and recommendation of the subcommission, and determine, in the manner 
provided in this chapter, what books, upon the branches hereinabove men- 
tioned, shall be selected for adoption, taking into consideration the size, 
quality as to the subject-matter, material, printing, binding, and the mechani- 
cal execution, and price, and the general suitability for the purpose desired 
and intended. After the selection or adoption shall have been made, the 
commission shall award the contracts, and shall by registered letter notify 
the publishers or proposers to whom the contracts have been awarded. But 
the commission shall not in any case contract with any person for the use of 
any book which shall be sold to patrons for use in any public school in the 
State in excess of the price at which such book is to be furnished by such 
person, under contract, to any State, county, or school district in the United 
States under like conditions as those prevailing in this State and under 
this chapter. 

1901, c. 1, ss. 8, 9; 1911, c. 118. 

4074. Contract, how executed. Upon the awarding of the contracts it 
shall be the duty of the Attorney-General to prepare the same in accordance 
with the terms and provisions of this chapter. On behalf of the State the 



Public School Law of I^orth Carolina 81 

contracts shall be executed by the Governor and Secretary of State, and the 
seal of the State shall be set thereto. All such contracts shall be executed 
in triplicate, of which one shall be kept by the, secretary of the commission, 
one shall be filed in the office of the Secretary of State, and one shall be 
retained by the contracting party. All contracts entered into or renewed 
under the provisions of this chapter shall be for the term of five years. 
1901, c. 1, ss. 8, 14. 

4075. Contract; stipulation as to prices and exchange of books. It 
shall be stipulated in each contract that the contractor has never furnished 
and is not now furnishing under contract any State, county, or school district 
in the United States, where like conditions prevail as are then prevailing in 
this State and under this chapter, the same books as are embraced in the 
contract at a price below that stipulated in the contract; and the commis- 
sion is hereby authorized and directed, at any time that it may find that 
any books have been sold at a lower price under contract to any State, county, 
or school district, to sue upon the bond of the contractor and recover the 
difference between the contract and the lower price for which books have 
been sold; and it shall also be stipulated in the contract that the contractor 
shall take up school books in use in this State at the date of such contract, 
and receive the same in exchange for new books, allowing a price for such 
old books not less than fifty per cent of the contract price of the new books. 

1901, c. 1, ss. 9, 10. 

4076. Contract, as to liability of State. It shall always be a part of 
the terms and conditions of every contract made in pursuance of this chapter 
that the State of North Carolina shall not be liable to any contractor in any 
manner for any sum whatever, but all such contractors shall receive pay 
and compensation solely and exclusively from the proceeds of the sale of 
books, as provided for in this chapter. 

1901, c. 1, s. 10. 

4077. Contracts may be changed or altered. Nothing in this chapter 
shall prevent the commission and any contractor agreeing thereto from 
in any manner changing or altering any contract, if four members of the 
commission shall agree to the change and think it advisable and for the 
best interest of the public schools of the State. 

1901, c. 1, s. 9. 

4078. Books must come up to sample. The books furnished under any 
contract shall at all times during the existence of the contract in all respects 
be equal to the specimen or sample copies furnished with the bid. 

1901, c. 1, s. 9. 

4079. Bond of contractor. At the time of the execution of the contract 
the contractor shall enter into a bond in the sum of not less than ten thou- 
sand dollars, payable to the State of North Carolina, the amount of the bond 
within such limits to be fixed by the commission, conditioned for the faithful, 
honest, and exact performance of his contract, and shall further provide for 
the payment of reasonable attorneys' fees in case of recovery in any suit 
upon the same, with three or more good and solvent sureties, actual citizens 
and residents of this State, or any guaranty company authorized to do busi- 
ness in this State may become the surety on such bond; and it shall be 
the duty of the Attorney-General to prepare and approve such bonds. The 
commission may at any time, by giving thirty days notice, require additional 
security or additional bond. 

1901, c. 1, ss. 8, 9. 



82 Public School Law of I^orth Carolina 

4080. Actions on the bond. In case any contractor shall fail to execute 
specifically the terms and provisions of his contract, the commission is 
hereby empowered and directed to bring an action upon the bond of such 
contractor for the recovery of any and all damages. Such action shall be 
in the name of the State of North Carolina, and the recovery shall be for the 
benefit of the public school fund of the State and counties, and when col- 
lected shall be placed in the treasury of the school fund. The bond shall 
not be exhausted by a single recovery, but may be sued on from time to 
time until the full amount thereof shall be recovered. And it is expressly 
provided that should any party contracting to furnish books, as provided 
for in this chapter, fail to furnish them or otherwise break his contract, in 
addition to the right of the State to sue on the bond hereinabove required, 
the chairman of the county board of education or any member thereof may 
sue in the name of the State in the courts of the State having jurisdiction, 
and recover on such bond the full value of the books so failed to be furnished, 
for the use and benefit of the school fund of the county. In all such cases 
service of process may be made on any agent of the contractor in the county, 
or if no agent is in the county, then service may be made on any agent in 
charge of any depository, and such service shall be and stand in the place 
of service on the defendant contractor. 

1901, c. 1, ss. 8, 9, 13. 

4081. Deposits by bidders, when returned and when forfeited. When 
any person shall have been awarded a contract and shall have given the 
bond required, the commission, through its secretary, shall so inform the 
Treasurer of the State, and it shall then be the duty of the Treasurer to 
return to such contractor the cash deposit made by him; and the commission, 
through its secretary, shall inform the Treasurer of the names of the unsuc- 
cessful bidders or proposers, and the Treasurer shall, upon the receipt of 
this notice, return to them the amounts deposited by them in cash at the 
time of the submission of their bids. But should any person fail or refuse 
to execute a contract and give the bond, as required by this chapter, within 
thirty days after the awarding of the contract to him and the mailing of 
the registered letter containing notice thereof, which shall be sufficient 
evidence that the notice was given and received, the cash deposit shall be 
deemed and is hereby declared forfeited to the State of North Carolina and 
it shall be the duty of the Treasurer to place such cash deposit in the treas- 
ury of the State, to the credit of the school fund. 

1901, c. 1, s. 8. 

4082. Prices to be printed on books. It shall be the duty of all con- 
tractors to print plainly on the back of each book the contract price, as well 
as the exchange price at which it is agreed to be furnished, but the books 
submitted as sample or specimen copies with the original bid shall not have 
the price printed on them before they are submitted to the subcommission; 
and all books shall be sold to the consumer at the retail contract price, and 
on each book shall be printed the following: "The price fixed hereon is fixed 
by State contract, and any deviation therefrom should be reported to your 
county superintendent of public instruction or to the State Superintendent 
at Raleigh." 

1901, c. 1, ss. 9, 13, 19. 

4083. Agencies for the distribution of books to patrons of public 
school; penalty. There shall be maintained in each county in the State 



Public School Law of ^N'oeth Caeolina 83 

not less than one and as many more agencies as the commission, upon recom- 
mendation of the county board of education, shall order, to be located at 
such points as the county board may recommend, for the distribution of books 
to the patrons, or the contractor shall be permitted to make arrangements 
with merchants or others for the handling and distribution of the books; 
and parties living in the county where no agency has been established or 
no arrangement made for distribution may order the same from one of the 
contractors, and it shall be the duty of the contractor or contractors to 
deliver any book so ordered to the person ordering, to his postoffice address, 
freight, express, postage, or other charges prepaid, at the retail contract 
price, if the price of the books so ordered shall be paid in advance. The 
contractors shall maintain one or more joint State depositories at some 
convenient distributing point or points in the State, at which shall be kept 
at all times an ample supply of all adopted books for the convenient and 
expeditious supply of books to the local depositories in the various counties 
of the State. Whenever demanded and certified by the county superintend- 
ent of public instruction of any county to be necessary, to secure and keep on 
hand an ample supply of books at any local depository, the contractors shall 
furnish books to such local depository upon consignment. And every con- 
tractor shall be required to keep on hand at all times at every established 
agency in every county an ample supply of books to meet all demands of 
patrons and purchasers, and upon failure to do so, or upon failure to establish 
agencies when ordered to do so by the commission, as directed herein, the 
contractor shall be liable to a penalty of five hundred dollars for each and 
every failure to comply with the provisions of this section, to be sued for 
by the Attorney-General in the name of the State in the Superior Court of 
the county of Wake, for the benefit of the school fund of the county injured 
by such failure; and if any contractor against whom judgment shall be 
obtained for such penalty shall fail to pay the same within thirty days after 
the docketing thereof, he shall forfeit his contract, and the commission 
shall so declare, and shall thereupon proceed to make a new contract for 
books with some other contractor. The county superintendent shall notify 
the contractors annually of the date of opening the public schools, at least 
thirty days before they open. 

1901, c. 1, s. 13; 1903, c. 691, ss. 1, 2; 1911, c. 118, s. 1, par. (1). 

4084. Contract proclaimed by Governor; notices issued by State Supeb- 
INTENDENT. As soon as the commission shall have entered into a contract for 
the furnishing or supplying of books for use in public schools it shall be 
the duty of the Governor to issue his proclamation announcing such fact to 
the people of the State; and as soon thereafter as practicable the State Super- 
intendent shall issue a circular letter to each county superintendent in the 
State and to such others as he may desire, which letter shall contain the 
list of books adopted, the prices, location of agencies, and method of dis- 
tribution, and such other information as he may deem necessary. 

1901, c. 1, ss. 12, 15. 



PUBLIC SCHOOL LAW 



AN ACT TO STIMULATE HIGH SCHOOL INSTRUCTION IN THE PUBLIC 
SCHOOLS OF THE STATE AND TEACHER TRAINING 

The General Assembly of North Carolina do enact: 

HIGH SCHOOLS ESTABLISHED BY COUNTY BOARD WITH CONSENT OF STATE BOARD — 
NOT MORE THAN FOUR SCHOOLS TO A COUNTY. 

Section 1. With the consent of the State Board of Education, the county 
board of education in any county may in its discretion establish and maintain, 
for a term of not less than seven school months in each school year, one or 
more public high schools for the county, at such place or places as shall be 
most convenient for the pupils entitled to attend and most conducive to the 
purposes of said school or schools: Provided, that not more than four pul)Uc 
high schools in any one county shall he entitled under the i^rovisions of this 
act to receive State aid. 

HIGH SCHOOL COMMITTEE TO CONSIST OF THREE PERSONS. 

Sec. 2. For each public high school established under this act a committee 
of three persons shall be appointed by the county board of education, who 

shall be known as the School Committee of Public High School 

of County. The powers, duties, and qualifications of said 

committeemen shall be similar to those of other public school committeemen. 
They shall be appointed as follows: one for a term of two years, one for a 
term of four years, and one for a term of six years; and at the expiration 
of the term of any committeeman his successor shall be appointed for a 
term of six years: Provided, that in case of death or resignation of any 
committeeman his successor shall be appointed for the unexpired term only. 
Within two weeks after appointment the committee shall meet and elect a 
chairman and a secretary and enter upon the performance of their duties: 
Provided further, that the board of trustees or school committee of any char- 
tered school receiving aid under this act shall serve as the high school 
committee for said school. 

RULES, REGULATIONS, AND COURSE OF STUDY. 

Sec. 3. All public high schools established and maintained under the 
provisions of this act shall be operated by the county board of education, 
under such general rules and regulations as may be prescribed by the State 
Board of Education. The courses of study for such high schools and the 
requirements for admission to them shall be prescribed by the State Super- 
intendent of Public Instruction. 



*See, also, c. 211, Public Laws 1917. 



Public School Law of I^oeth Carolina 85 

schools under state supervision — teachers must hold certificates from 
state board of examiners. 

Sec. 4. It shall be the duty of the county board of education to locate 
all high schools established under this act, to furnish the State Superintend- 
ent of Public Instruction with such information relative to said schools as 
he may require, and to make such local rules and regulations for the conduct 
of said schools as may be necessary: Provided, all public high schools estab- 
lished and aided under this act shall be subject to such inspection as may be 
directed by the State Superintendent of Public Instruction and shall make 
such reports as shall be required by him: Provided further, that no one 
shall teach in any public high school that receives State funds under this 
act who does not hold a high school teacher's certificate from the State 
Board of Examiners, who shall have power to prescribe a standard of schol- 
arship and examination for same; and Provided further, that no one shall 
be employed as teacher in such high school without the approval of the 
county superintendent. 

HIGH SCHOOLS AIDED MUST HAVE THREE FULL-TIME TEACHERS; TWO IN LOWER 
GRADES AND AT LEAST ONE IN HIGH SCHOOL. 

Sec. 5. No public high school shall be established or maintained under 
this act in connection with any public elementary school having an annual 
school term of less than seven months; and every public elementary school 
operated in connection with a public high school established under this act 
shall have at least two teachers giving their full time to instruction in the 
branches of study required to be taught in the public elementary schools of 
the State; and no public high school shall be entitled to the benefits of this 
act that does not have at least one duly licensed high school teacher giving 
his full time to instruction in the high school branches as outlined by the 
State Superintendent of Public Instruction : Provided, that this section 
shall not be construed to prevent the principal of a public high school from 
serving as principal of the public elementary school operated in connected 
therewith to the extent of exercising supervisory and disciplinary functions 
over said public elementary school. 

HIGH SCHOOLS NOT TO BE AIDED IN TOWNS OF MORE THAN TWELVE HUNDRED IN- 
HABITANTS; BUT COUNTY BOARD MAY APPROVE ONE CITY HIGH SCHOOL OF 
STANDARD GRADE FOR PURPOSES OF THIS ACT. 

Sec. 6. (Substitute for.) Public high schools shall not be established 
and aided under this act in towns or cities of more than twelve hundred 
inhabitants, except as" is hereinafter provided in this section: Provided, 
that the county board of education may approve for the purposes of this act 
one regularly organized town or city high school of standard grade and may 
enter into agreement or contract with the board of trustees or committee 
of said high school whereby students of high school age and grade residing 
outside the limits of said high school district and public school teachers of 
the county may be permitted to attend for the full term each year said high 



86 Public School Laav of ^okth Carolina 

school free of tuition. But no such contract or agreement shall entitle such 
high school to the benefits of this act until said contract or agreement shall 
have been approved by the State Board of Education. And when such con- 
tract or agreement shall have been approved by the State Board of Education 
said town or city high school shall be subject to the provisions and entitled 
to the benefits of this act: Provided further, that said town or city high 
school shall maintain an average daily attendance for the full term of at 
least twenty high school students from outside the local district. 

HIGH SCHOOL FUISTDS ) HOW RAISED COUNTY AND DISTRICT EACH REQUIRED TO PUT 

UP AS MUCH AS THE STATE GIVES — STATE AID MINIMUM, $200; 
MAXIMUM, $600. 

Sec. 7. Before any public high school shall be entitled to receive State aid 
under the provisions of this act, its application therefor shall have been 
approved by both the county board of education and the State Board of Edu- 
cation; and the amount of State aid to be given shall be determined by the 
State Board of Education, and the county board of education shall apportion 
to each public high school out of the general county fund at least as much as 
the State apportions to said high school; and the local committee of each 
public high school receiving State aid under the provisions of this act shall 
apportion out of the local school fund raised by special tax, or shall raise 
by private donation or otherwise, at least as much as the State Board of 
Education apportions to said high school under the provisions of the act; 
and when the high school committee shall deposit its apportionment with 
the treasurer to be placed to the credit of said public high school, the county 
board of education shall make an apportionment out of the general school 
fund of the county as provided herein, and deposit same with the treasurer 
to the credit of said public high school. When the treasurer and the county 
superintendent shall certify to the State Superintendent of Public Instruc- 
tion that the apportionments by the local committee and the county board 
of education, herein required, have been duly authorized for any high school, 
a State warrant shall be issued upon the requisition of the State Superintend- 
ent of Public Instruction for such an amount as the State Board of Education 
shall have approved under the provisions of this act and sent to the treasurer 
to be placed to the credit of said public high school. All high school funds 
herein provided and placed to the credit of any high school shall be used ex- 
clusively for the payment of teachers' salaries in said high school and for 
such necessary incidental expenses as may be approved by the State Superin- 
tendent of Public Instruction; and said high school funds shall be paid out 
by the treasurer for the purpose herein specified only upon the order of the 
public high school committee, approved by the county superintendent of 
schools: Provided, that the amount apportioned by the State Board of Edu- 
cation to any public high school, maintained under the provisions of this act, 
shall not be less than two hundred dollars nor more than six hundred dollars 
for any year: Provided further, that after a public high school has been 
approved and established under the provisions of this act, it shall not be 
discontinued by the county board of education without the consent and ap- 
proval of the State Board of Education. 



Public School Law of ^orth Carolina 87 

treasurer required to keep separate account of funds for each high school 
must report first monday in july. 

Sec. 8. The treasurer of the county school fund, or in counties in which 
the office of treasurer has been abolished, any bank or other corporation 
handling the public school funds shall be treasurer of the public high school 
fund, except as is hereinafter provided. He shall keep a separate account 
of the funds of each public high school, and shall on the first Monday in 
July of each year, make to the county board of education and to the State 
Superintendent of Public Instruction a report of all receipts and expendi- 
tures of said fund for each separate high school for the preceding year: Pro- 
vided, that the treasurer of any chartered school receiving State aid under 
the provisions of this act, may in the discretion of the State Board of Educa- 
tion, serve as tresaurer of the public high school fund, but shall receive no 
commission for disbursing the funds apportioned by the county and the State 
under the provisions of this act. 

HIGH schools must MAKE AVERAGE ATTENDANCE OF AT LEAST TWENTY — AMOUNT 

OF APPORTIONMENT CONDITIONED ON ATTENDANCE, NUMBER OF TEACHERS, 

GRADE AND CHARACTER OF WORK. 

Sec. 9. Every public high school receiving State aid under this act shall 
maintain an average daily attendance of at least twenty high school students 
for the required term, and any public high school making an average daily 
attendance of less than twenty students for the required term shall not be 
entitled to receive State aid under this act; and any additional amount 
beyond the minimum apportioned to any public high school under the pro- 
visions of this act shall be conditioned, first, upon the average daily attend- 
ance above the required minimum for the preceding school year; second, 
upon the number of full-time high school teachers employed; and third, upon 
the grade and character of work done by said public high school. 

SUM OF ONE HUNDRED THOUSAND DOLLARS ANNUALLY APPROPRIATED. 

Sec. 10. The sum of one hundred thousand dollars, or so much thereof 
as may be necessary, is hereby annually appropriated for the purposes of 
high school instruction and teacher training provided for in this act. The 
State Board of Education is hereby authorized to reserve annually out of this 
appropriation an amount not to exceed five hundred dollars, to be paid out 
upon the requisition of the State Superintendent of Public Instruction in 
defraying a part of the necessary expense incurred in connection with the 
supervision and inspection of public high schools receiving aid under the pro- 
visions of this act. The State Board of Education shall have the power to 
fix such rules and regulations, in accordance with the provisions of this act, 
as may be necessary for the proper distribution of this fund. 

[Sections 11 to 18, inclusive, relate only to the East Carolina Teachers' 
Training School.] 

Sec. 19. That this act shall be in force from and after its ratification. 

In the General Assembly read three times and ratified this the 8th day 
of March, A. D. 1907. 

1907, c. 820; 1909, c. 525; 1911, c. 135; 1913, c. 149; 1915, c. 236; 1917, c, 
227. c. 285. 



DEAF CHILDREN MUST ATTEND SCHOOL 



AN ACT TO COMPEL WHITE DEAF CHILDREN TO ATTEND SCHOOL 

The General Assembly of Isfortli Carolina do enact: 

Section 1. That every deaf child of sound mind in North Carolina shall 
attend a school for the deaf at least five school terms of nine months each, 
between the ages of eight years and fifteen years. 

Sec. 2. That parents, guardians or custodians of a deaf child or deaf 
children between the ages of eight and fifteen years shall send said child 
or children, or cause to be sent, to some school for the instruction of the 
deaf, at least five terms or sessions of nine months each, between the ages 
of eight years and fifteen years. 

Sec. 3. That parents, guardians or custodians of any deaf children be- 
tween the ages provided in section two of this act failing to send said deaf 
child or deaf children to some school for instruction, as provided in this 
act, shall be guilty of a misdemeanor, and upon conviction shall be fined or 
imprisoned, at the discretion of the court, for each year said deaf child is 
kept out of school, between the ages herein provided: Provided, that said 
parents, guardians or custodians may elect two years between said ages of 
eight and fifteen years that a deaf child or deaf children may remain out of 
school: Provided further , that this section shall not apply to or be enforced 
against the parent, guardian or custodian of any deaf child until such time 
as the superintendent of any school for the instruction of the deaf, by and 
with the approval of the executive committee of such institution, shall in his 
and their discretion serve written notice on such parent, guardian or custo- 
dian, directing that such child be sent to the institution whereof they have 
charge. 

Sec. 4. That it shall be the duty of the school census taker to report name, 
age and sex of each deaf child in his district, and name of parents, guardians 
or custodians and their postoffice address, to the county superintendent of 
education, who shall send said report of names and addresses to the Super- 
intendent of the North Carolina School for the Deaf located at Morganton, 
N. C. ; that said census taker or county superintendent failing to make 
reports as provided in this act shall be fined five dollars ($5) for each 
white deaf child not so reported. 

Sec. 5. That said fine as provided in section three (3) of this act and 
said fine of five dollars ($5) provided in section four (4) of this act, when 
collected, shall be paid to the public school fund of the county in which 
such child lives. 

Sec. 6. That this act shall take effect the first day of September, 1907. 

1907, c. 1007; 1915, c. 14. 



SCIENTIFIC TEMPERANCE INSTRUCTION 



AN ACT KELATING TO SCIENTIFIC TEMPERANCE INSTRUCTION IN 
THE PUBLIC SCHOOLS 

The General Assembly of North Carolina do enact: 

Section 1. In addition to the branches in which instruction is now re- 
quired by law to be given in all schools supported wholly or in part by public 
money, instruction shall also be given as to the nature of alcoholic drinks 
and other narcotics and their effect upon the human system, in connection 
with the various divisions of physiology and hygiene, and such subject shall 
be taught in each school year below the second year in the high schools, 
and shall be taught as thoroughly as arithmetic and geography are taught 
in said schools: Provided, that the minimum amount of such instruction 
shall be two lessons each week for ten weeks, or the equivalent of the same, 
in schools employing one teacher, and three lessons each week for ten weeks, 
or the equivalent of the same, in schools employing two or more teachers. 
Such instruction shall be given by the use of text-books in the hands of all 
pupils in all grades from the fourth grade to the first year in the high school, 
inclusive, or in corresponding classes in graded schools, and orally to all 
pupils in the first three or primary grades, by teachers using text-books 
adapted to such oral instruction as a guide and standard; and all pupils 
must pass such tests as may be required in other studies before promoting 
to the next succeeding year's work, and such instruction shall be given as 
aforesaid to all pupils in all public schools of the State. 

Sec. 2. The text-books used for the instruction required to be given by 
the preceding section shall be graded to the capacities of the pupils, and 
for students below high school grade such text-books shall give at least one- 
fifth their space, and for students of fifth school grade they shall give not 
less than twenty pages to the nature and effects of alcoholic drinks and 
other narcotics; but no book in which the required amount of this subject 
shall appear, in whole or part, as a separate chapter at the end of the book 
shall be considered as complying with the requirements of this statute, and 
no topical outline of study for the guidance of teachers which reduces the 
amount of temperance instruction below that which is required by the text- 
books provided for in this act shall be considered as complying with the 
intent of the law. No text-book on physiology and hygiene not conforming 
to this act shall be used in the public schools except so long as may be 
necessary to fulfill the conditions of any legal adoption existing at the time 
of the passage of this act. 

Sec. 3. In all normal schools, teachers' training classes, teachers' insti- 
tutes, teachers' associations, summer schools and all other organizations for 
the equipment of teachers, adequate time and attention shall be given to in- 
struction in the best methods of teaching physiology and hygiene, with special 
reference to the nature of alcoholic drinks and other narcotics; and no 
teacher shall be licensed who has not passed a satisfactory examination in 
this subject and the best method of teaching it. 



90 



Public School Law of J^orth Caeolina 



Sec. 4. That it shall be the duty of the proper officer in control of any 
school or schools described in the first and third sections of this act to 
enforce the provisions of this act; and any such officer, school director, 
committee, superintendent or teacher who shall refuse or neglect to comply 
with the requirements of this act or shall neglect or fail to make proper 
provision for the instruction required and in the manner specified by this 
act for all pupils in each and every school under his control and supervision 
shall be removed from office and the vacancy filled as in other cases; and if 
it be satisfactorily proved that trustees or board of education or board of 
educational institutions, receiving money from the State have failed to 
enforce this act, as far as they have authority, it shall be deemed sufficient 
cause for withholding the warrant for the State appropriation of school 
money to which such district or educational institution would otherwise be 
entitled. 

Sec. 5. This act shall be in full force from and after its ratification. 

In the General Assembly read three times and ratified this the 11th day of 
March, A. D. 1907. 

1907, c. 957. 



HEALTH LAW 



Am ACT TO PEEYENT AND CONTROL THE OCCUREENCE OF CERTAIN 
INFECTIOUS DISEASES IN NORTH CAROLINA 

The General AssemMy of North Carolina do enact: 

Section 1. On the second Tuesday of July, one thousand nine hundred and 
seventeen, all county quarantine officers and all county health officers to 
whom the duties of county quarantine officer have been assigned, as provided 
for in chapter 62, Laws of 1911, as amended by chapter 181, Laws of 1913, 
shall appear before the clerk of the Superior Court in their respective coun- 
ties and make official oath or affirmation to faithfully enforce this act and 
its provisions: Provided, that in^ those counties where a county board of 
health fails or neglects to elect a county quarantine officer on or before the 
second Tuesday in July, one thousand nine hundred and seventeen, the Secre- 
tary of the North Carolina State Board of Health shall appoint a quarantine 
officer for the said county: Provided further, that on refusal or neglect of 
any quarantine officer, or county health officer acting as quarantine officer, 
to make, within a period of ten days of the time named in this section of 
this act, the aforesaid official oath or affirmation to enforce this act and 
its provisions, the Secretary of the North Carolina State Board of Health 
is hereby empowered to remove said quarantine or county health officer 
and to appoint a quarantine officer to enforce this act and its provisions, and 
on the said appointee all the powers, privileges, and compensation provided 
for herein for the county quarantine officer are hereby conferred. 

Section 2. The official term of service of a county quarantine officer, 
including those now serving, except in those counties where there is a 
county health officer, shall expire on the first Monday in January of the 
fourth year from the year of their appointment or election. In those coun- 
ties having a county health officer who makes official oath or affirmation to 
enforce this act and its provisions, the office of county quarantine officer 
shall be coterminus with the office of the said county health officer. The 
county board of health shall elect a successor to the county quarantine offi- 
cer, or the county health officer acting as county quarantine officer, on 
or before the expiration of the term of service of said officer as herein de- 
fined: Provided, that in case of disqualification for continuance in office 
of the county quarantine officer, or the county health officer acting as county 
quarantine officer, by resignation, death, or other disqualification, the county 
board of health shall, within five days thereafter, elect a county health 
officer or county quarantine officer to fill out the unexpired term of service: 
Provided further, that in case of the failure of the county board of health 
to so elect a successor to complete an unexpired term of service of a quaran- 
tine officer, or a county health officer acting as county quarantine officer, 
who has become disqualified for continuance in office, the Secretary of the 
North Carolina State Board of Health shall immediately appoint a county 
quarantine officer, who shall make official oath or affirmation to enforce 
this act and its provisions. 



92 Public School Law of ]^orth Carolina 

Section 3. The county board of health in electing a county quarantine 
officer shall promptly notify, in writing, the secretary of the North Caro- 
lina State Board of Health of such action, and failure to so notify the said 
secretary shall nullify the election of the county quarantine officer. The 
county quarantine officer, or the county health officer acting as quarantine 
officer, shall promptly notify the secretary of the . North Carolina State 
Board of Health, in writing, inclosing certified copy of the oath or affirmation 
of office taken, of his having taken the oath or affirmation of office, and 
failure to do so shall be construed as failure to have taken the official oath 
or affirmation of office. 

Section 4. Any county quarantine officer, or county health officer acting 
as county quarantine officer, who fails or refuses to enforce this act or its 
provisions in his county shall be guilty of a misdemeanor, and on conviction 
fined not exceeding fifty dollars ($50), and may, if the Secretary of the 
North Carolina State Board of Health so decide, be disqualified for con- 
tinuance in office. 

Section 5. This act shall not apply to incorporated towns and cities of 
this State having a population, according to the last decennial census, of ten 
thousand or over, and this act shall not apply to those counties the sanitary 
administration of which is directed by a joint board of health presiding 
over both a county and a town or city having a population, according to 
the last Federal decennial census, of ten thousand or more: Provided, how- 
ever, that the system of quarantine in force in those cities and counties 
named in this section shall be approved by the North Carolina State Board 
of Health, and reports of the occurrence of contagious diseases in such cities 
and counties shall be made to the North Carolina State Board of Health 
as from all other cities and counties in North Carolina. 

Section 6. For his services, the county quarantine officer shall be paid 
monthly, on certification from the Secretary of the North Carolina State 
Board of Health that the said officer has performed the duties of his office 
in a satisfactory manner, out of the county funds by the county treasurer, 
or in those counties that have no county treasurer by that official who per- 
forms the usual duties of the treasurer's office. Monthly payments shall 
be made on a population basis, according to the last decennial Federal 
census, as follows: 

Per Month 

Counties with a population of less than 10,000 $15.00 

Counties with a population of from 10,000 to 15,000 17.50 

Counties with a population of from 15,000 to 25,000 25.00 

Counties with a populaiton of from 25,000 to 40,000 35.00 

Counties with a population of from 40,000 to 50,000 45.00 

Counties with a population over 50,000 50.00 

In addition to the monthly salary paid the quarantine officer, the county 
treasurer, or the person acting as county treasurer, shall pay to the quaran- 
tine officer all financial statements, with receipted bill attached for sums 
paid out for postage, registration of letters, and disinfectants, the total 
sum not to exceed ten dollars ($10) in any month nor one hundred dollars 
($100) in any one year: Provided, however, that the Secretary of the North 
Carolina State Board of Health shall supply the county quarantine officer, 
and without cost to the county, wifh all forms, placards, and literature neces- 



Public School Law of ^orth Carolina 93 

sary for carrying out the provisions „f this act: Provided further, that 
county authorities may revise their understandings with those county 
physicians who are acting as both physicians to county charges and as 
quarantine officer and whose terms of office as quarantine officer shall expire 
in January, one thousand nine hundred and twenty-one, unless discon- 
tinued by death, resignation, or other disqualification, on a basis of com- 
pensation adequate to the new duties herein required; but in no ease shall 
the compensation allowed for the services required by this act of quarantine 
officers be less than that herein named. 

Section 7. It shall be the duty of every physician to notify the county 
quarantine officer of the name, address, including the name of the school 
district, of any person living or residing, permanently or temporarily, in 
the county about whom such physician is consulted professionally and whom 
he has reason to suspect of being afflicted with whooping cough, measles, 
diphtheria, scarlet fever, smallpox, infantile paralysis, typhoid fever, typhus 
fever, Asiatic cholera, bubonic plague, yellow fever, or other disease de- 
clared by the North Carolina State Board of Health to be infectious and 
contagious, within twenty-four hours after obtaining reasonable evidence 
for believing that such person is suffering from one of the aforesaid dis- 
eases: Provided, however, that if the afflicted person is a minor, the phy- 
sician consulted professionally about such person shall notify the county 
quarantine offlcer of the name and address of the parent or guardian of 
such minor, in addition to the name, address and school district of the person 
about whom he is professionally consulted and whom he believes to be 
afflicted with one of the aforesaid diseases. 

Section 8. It shall be the duty of every parent, guardian or householder, 
in the order named, to notify the county quarantine officer of the name, 
address, including the name of the school district, of any person in their 
family or household about whom no physician has been consulted but whom 
they have reason to suspect of being afflicted with whooping cough, measles, 
diphtheria, scarlet fever, smallpox, infantile paralysis, typhoid fever, Asiatic 
cholera, typhus fever, bubonic plague, yellow fever, or other disease de- 
clared by the North Carolina State Board of Health to be infectious or 
contagious. 

Section 9. It shall be the duty of the county quarantine officer to report 
all cases of whooping cough, measles, diphtheria, scarlet fever, smallpox, in- 
fantile paralysis, typhoid fever, Asiatic cholera, typhus fever, bubonic plague, 
yellow fever, or other disease declared by the North Carolina State Board 
of Health to be infectious or contagious, reported to him by physicians and 
parents, guardians, or householders, within twenty-four hours of the receipt 
of such report to the Secretary of the North Carolina State Board of Health 
at Raleigh, and to make this report to the said secretary on forms supplied 
him by the said secretary and in accordance with the rules and regulations 
adopted by the North Carolina State Board of Health. 

Section 10. The North Carolina State Board of Health shall meet some 
time preceding the date named herein for this act to take effect, and shall 
adopt what in their judgment seems to be the necessary rules and regula- 
tions governing the management, supervision, or control of the diseases 
coming within the meaning of this act, and shall cause the said rules and 
regulations to be published in the North Carolina State Board of Health Bul- 
letin and to be supplied in suitable quantities to all concerned with the 



94 



Public School Law of I^oeth Cakolina 



execution of this act, and the North Carolina State Board of Health shall 
revise the aforesaid rules and regulations from time to time to adjust their 
requirements to new discoveries and improved methods for dealing with 
the sources and modes of infection of the diseases mentioned in this act: 
Provided, hoivever, that the rules and regulations adopted by the North 
Carolina State Board of Health, as provided for in this section, shall be re- 
garded as the minimum requirements, and that the authorities of any 
county, town or city may adopt such additional rules and regulations for 
the control of the diseases mentioned in sections seven, eight and nine of 
this act, and pay such additional fees and salaries as in the judgment of 
the authorities of such counties, towns and cities seem necessary. 

Section 11. Any person willfully violating any of the provisions of this 
act and any person violating any of the rules and regulations adopted by 
the North Carolina State Board of Health for the control of the diseases 
mentioned in this act, and as provided for in the preceding section, shall 
be guilty of a misdemeanor and fined not exceeding fifty dollars ($50), or 
imprisoned not less nor more than thirty days, at the discretion of the court. 
In case the offender be stricken with the disease for which he is quarantin- 
able, he shall be subject to the penalty on recovery, unless in the opinion of 
the Secretary of the North Carolina State Board of Health the penalty should 
be omitted. 

Section 12. For the purpose of seeing that this act and the rules and 
regulations adopted by the North Carolina State Board of Health, provided 
for in this act, are faithfully executed, a bureau of epidemiology and the 
oflace of State Epidemiologist is hereby created, and an appropriation of 
four thousand dollars ($4,000) for the fiscal year, one thousand nine hun- 
dred and seventeen, and thereafter an annual appropriation of six thousand 
dollars ($6,000) is hereby appropriated. The aforesaid bureau and the 
State Epidemiologist shall be under the control and supervision of the 
North Carolina State Board of Health. 

Section 13. All laws and clauses of laws in conflict with this act are 
hereby repealed. 

Section 14. This act shall be in force from and after June first, one 
thousand nine hundred and seventeen. 

1917, c. 263. 



SPECIAL COUNTY TAXATION FOR SCHOOLS 



AN ACT TO AUTHORIZE ANY COUNTY IN NORTH CAROLINA TO TOTE 
UPON THE LEVYING AND COLLECTION OF A SPECIAL TAX ON 
PROPERTY AND POLLS TO SUPPLEMENT THE COUNTY SCHOOL 
FUND OF SAID COUNTY 

The General Assembly of North Carolina do enact: 

Section 1. That the county commissioners of any county, upon the peti- 
tion of the county board of education of said county, may order an election 
to be held in said county to ascertain the will of the people whether there 
shall be levied on all taxable property and polls of said county a special tax, 
not to exceed thirty cents on the one hundred dollars valuation of property 
and ninety cents on each poll, to supplement the county school fund of said 
county. 

Sec. 2. That said election shall be conducted for the county as nearly as 
may be under the same rules and regulations governing district special 
school tax elections, as set out in section four thousand one hundred and 
fifteen of the Revisal of one thousand nine hundred and five of North 
Carolina. 

Sec. 3. That in case a majority of the qualified voters at said election 
shall vote in favor of said tax, the same shall be annually levied and col- 
lected in the same manner and at the same time as other taxes of the county 
are levied and collected. 

Sec. 4. That in case a majority of the qualified voters at said election 
in any township of said county shall vote for said special tax, the same shall 
be annually levied and collected in said township in the same manner and 
at the same time as other taxes are levied and collected, and used to supple- 
ment the school fund of said township. 

Sec. 5. That in case a majority of the qualified voters at said election in 
any township or in the entire county shall vote in favor of said special tax, 
on petition of a majority of the members of the board of trustees or the 
school committee of any existing special tax district within said township 
or county so voting, the county commissioners shall reduce the annual 
special local tax levy of said district by an amount not exceeding the special 
levy provided for the county or township under this act. 

Sec. 6. That in case a majority of the qualified voters at said election 
in any county shall fail to vote for said special tax, on petition of a ma- 
jority of the members of the county board of education of said county, the 
county commissioners may, after thirty days notice, order an election in 
any subsequent year after the first election for the same purpose and under 
the same regulations as the first election herein provided for in any or all 
of the townships of said county that shall have failed to carry said special 
tax in the former election. 

Sec. 7. That the expense of holding said election shall be paid out of the 
county school fund of said county. 

Sec. 8. That this act shall be in full force and effect from and after its 
ratification. 

Ratified this the 3d day of March, A. D. 1911. 
1911, c. 71. 



STATE EQUALIZING SCHOOL FUND 



k 



AN ACT TO PKOYIDE FOR A SIX MONTHS SCHOOL TERM IN EVERY 
PUBLIC SCHOOL DISTRICT OF THE STATE 

The General Assembly of North Carolina do enact: 

PER CAPITA STATE APPROPRIATION OF TWO HUNDRED AND FIFTY THOUSAND DOLLARS. 

Section 1. That two hundred and fifty thousand dollars be, and the same 
is hereby appropriated annually out of the State Treasury for the benefit 
of the public schools, to be apportioned by the State Board of Education to 
the respective counties of the State per capita as to school population on the 
first Monday in January of each year, using the school census of the preced- 
ing scholastic year as the basis of apportionment: Provided, that the State 
Board of Education shall annually deduct from said appropriation, before 
the apportionment thereof, the sum of one thousand five hundred dollars to 
be used in part payment of the salary and expenses of the Superintendent 
of the State Colored Normal Schools and inspector and director of the county 
teachers' institutes and of the teacher-training work of the State, and shall 
also deduct therefrom biennially in advance seven thousand five hundred 
dollars to be used for the establishment of rural libraries as provided in 
section four thousand one hundred and seventy-nine of the Revisal of one 
thousand nine hundred and five of North Carolina. 

WARRANTS, HOW ISSUED. 

Sec. 2. Upon requisition of the Superintendent of Public Instruction, 
the State Auditor shall issue his warrant upon the State Treasurer for the 
amount due each county, payable to the county treasurer, to be credited to 
the general public school fund of said county. 

STATE EQUALIZING SCHOOL FUND CREATED. 

Sec 3. There shall be set aside annually five cents of the annual ad 
valorem tax levied and collected for State purposes on every one hundred 
dollars value of real and personal property in this State, and the funds 
annually arising from said tax shall be held by the State Treasurer as a 
fund separate and apart from all other funds for State purposes, and shall 
be known as "The State Equalizing School Fund," and shall be used, as 
hereinafter directed, to provide a six months school term in every school 
district in the State, or as nearly a six months term as said funds will 
provide. 

APPROPRIATION OF EQUALIZING FUND METHOD AND CONDITIONS. 

Sec. 4. On or hefore the first Monday in December of each and every 
year the county board of education of each and every county entitled to aid 
from this fund shall submit to the State Board of Education, on blanks 
furnished for that purpose by the State Superintendent of Public Instruc- 



Public School Law of Xokth Cakoliis-a 97 

tion a sworn itemized statement hy districts, showing the numher of teach- 
ers employed in each district, the grade or class and the salary of each 
teacher, and such other information as may de required. Said statement 
shall further show under oath that provision has 'been made as required by 
law for a four months school term in each district of said county, the rat6 
of special tax levied therefor, and the aggregate fund derived or to be de- 
rived therefrom. On or before the first Monday in February of each year 
the State Treasurer shall certify to the State Board of Education the amount 
of said State equalizing school fund derived and to be derived from said 
five cents property tax levied and set aside from the State tax levy on every 
hundred dollars value of real and personal property in the State during 
the school year ending June thirtieth thereafter, and the State Board of 
Education shall apportion said fund among all the counties of the State that 
have complied with all the requirements of this act, as follows: It shall 
first apportion to each cotmty whose funds are insufficient, after having 
levied the maximum tax required under this act, to provide a four ononths 
term in every school district, a sufficient sum to bring the term in each 
school district in said county to four months. It shall then apportion the 
remainder of said equalizing fund among all the counties of the State that 
have complied with all the provisions of this act, so as to provide for the 
payment of the salaries of all teachers in each county for an equal number 
of days. The salaries apportioned from said fund for teachers shall not 
exceed forty dollars per month for first grade, thirty dollars per month for 
second grade, and twenty dollars per month for third grade, and shall in no 
event exceed the salaries actually paid from the county fund, if less than 
these amounts. The State Board of Education shall apportion this fundi 
only for the salaries of teachers employed, and no part of said fund shall be 
apportioned or used for any other purpose than for the payment of the sala- 
ries of the said teachers for the period designated by the State Board of 
Education in the apportionment to each county, and each county receivingt 
an apportionment from this fund shall maintain, in addition to the term 
provided by the county funds, an extended term of not less than the number 
of days for which the apportionment from this fund is made and designated 
by the State Board of Education. 

IN APPROPRIATION OF EQUALIZING FUND, NO ACCOUNT TO BE TAKEN OF LOCAL 

TAX FUNDS. 

Sec 5. In the apportionment of the county school fund and in the appor- 
tionment of funds under this act to school districts levying a special tax for 
their schools no account shall be taken of the funds derived from said special 
tax, and the authorities legally empowered to levy such special tax in such 
school districts are hereby authorized, upon recommendation of the school 
committee or board of trustees of said school districts, to reduce the rate 
of the annual special tax levy therein proportionately to the increase of the 
funds of said district from the increased apportionment from the county 
and State funds and to the needs of the district: Provided, however, that 
the school term in said district shall not be reduced by said decrease in the 
special tax more than it is lengthened by the increased appropriation from 
the county and State funds. 



98 Public School Law of I^orth Carolina 

COUNTIES THAT DO NOT HAVE FOUR MONTHS TERM AFTER LEVYING MAXIMUM RATE 
ENTITLED TO RECEIVE AID FROM THIS FUND. 

Sec. 6. After any county shall have levied and collected a special tax 
of fifteen cents on every one hundred dollars value of property, real and 
personal, and forty-five cents on every taxable poll therein, to provide a four 
months school term in every school district, though the funds derived 
therefrom may be insufficient therefor, said county shall be entitled to receive 
from the State equalizing school fund provided under this act an apportion- 
ment for salaries of teachers sufficient to tring the term in every district 
to four months, and shall then 'be entitled to participate with the other 
counties of the State in the apportionment of the remainder of said fund 
under the provisions of this net. 

FUNDS can be used ONLY FOR TEACHERS' SALARIES. 

Sec. 7. Upon requisition by the State Superintendent of Public Instruc- 
tion, the State Auditor shall issue his warrant upon the State Treasurer 
payable to the county treasurer for the apportionment made under section 
four of this act to each county, and the funds when received by said county 
treasurer shall be placed to the credit of the county school fund of said 
county, to be used only for the specific purpose designated in this act; and 
the county treasurer is forbidden to pay any part thereof for any other 
purpose; the county board of education is forbidden to order the payment 
of any part thereof for any other purpose, and the county superintendent of 
public instruction is forbidden to sign any voucher for the payment of any 
part thereof for any other purpose than for the payment of teachers' salaries 
as and for the period designated. No district in any county shall be entitled 
to any part of said apportionment for the payment of the salary of its teach- 
ers until the committee thereof or the township committee shall have fur- 
nished to the county superintendent satisfactory evidence, sworn to if re- 
quired, that the necessary funds have been provided for paying the incidental 
expenses of the school or schools in said district for the additional term for 
which teachers' salaries have been provided in said apportionment. Any 
county treasurer, county superintendent, or member of any county board 
of education violating any of the provisions of this section shall be guilty 
of a misdemeanor, and shall be fined or imprisoned in the discretion of the 
court. 

FUNDS SUFFICIENT TO MAINTAIN SCHOOLS FOUR MONTHS MUST BE PROVIDED BY 

COUNTY — SPECIAL TAX. 

Sec. 8. Chapter five hundred and eight of the Public Laws of one thousand 
nine hundred and nine of North Carolina is hereby repealed, and the fol- 
lowing is hereby substituted and enacted in lieu thereof: On or before the 
first Monday in June of each and every year the county board of education 
of each county shall ascertain the amount of money needed to maintain the 
public schools of such county for four months during the succeeding school 
year. The county board of education, using as a basis the receipts for school 
purposes during the current school year ending June thirtieth thereafter, 
shall ascertain the amount that will be available for school purposes from 



Public School Law of ^orth Carolina 99 

the general school tax, from fines, forfeitures, and penalties, and from the 
annual per capita appropriation to the county from the special State appro- 
priation for public schools under this act. If the amount received and to be 
received from these sources is less than the amount ascertained to be needed 
for a full four months school term in every public school district of the 
county, and said county board of education shall submit to the board of county 
commissioners of said county an itemized statement of the amounts needed for 
supervision, for administration, for buildings and repairs, for salaries of teach- 
ers, and for all other expenses allowed by law. The statement shall also set forth 
the number of teachers, white and colored, to be employed in each district, 
and the salary of each teacher in each district. The limitation placed by 
law on each of these objects shall not be exceeded. It shall thereupon be 
the duty of the board of county commissioners to levy a special tax on all 
property, real and personal, and on all taxable polls, subject to the constitu- 
tional limitation as to poll tax, in said county suflQcient to supply the defi- 
ciency needed for the support and maintenance of the public schools of said 
county for four months in each school district: Provided, that no county 
shall be compelled to levy a special tax of more than fifteen cents on every 
hundred dollars value of property, real and personal, and forty-five cents 
on every taxable poll for said purpose. The said tax shall be levied and 
collected at the same time and in the same manner as other county taxes are 
levied and collected, and the funds derived therefrom shall be apportioned 
and expended by the county board of education for maintaining one or more 
public schools in each school district for a term of four months in each year. 
In the event of a disagreement between the county board of education and 
the board of county commissioners as to the amount of the deficiency to be 
supplied for a four months school, and as to the rate of tax to be levied 
therefor, or of the refusal of any board of county commissioners to levy 
said tax, the county board of education shall bring an action in the nature of 
mandamus against the board of county commissioners to compel the levying 
of such special tax in the manner and form as provided in sections eight 
hundred and twenty-two and eight hundred and twenty-four of the Revisal 
of one thousand nine hundred and five of North Carolina, and it shall be 
the duty of the judge hearing the same to find the facts as to the amount 
needed and the amount available from the sources herein specified, which 
finding shall be conclusive, and to give judgment requiring the county com- 
missioners to levy the sum which he shall find necessary to maintain the 
schools for four months in said county. No county shall receive any part 
of the State equalizing school fund provided by fhis act until it shall have 
levied the special tax herein required of it for a four months school term 
in every school district. 

COMMISSIONERS MAY LEVY ADDITIONAL TAX FOR NECESSARY EXPENSES. 

Sec. 9. That the board of commissioners of any county in North Carolina 
be, and they are hereby authorized and empowered to levy a special tax in 
excess of the constitutional limitation, not exceeding five (5) cents on the 
one hundred dollars ($100) valuation of all property listed for taxation in 
their respective counties, to provide for any deficiency in the necessary 
expenses and revenue of said respective counties, which may be caused by 
the provisions of this act. 
7 






100 FuBLic School Law of North Carolina 

CONFLICTING LAWS EEPEALED. 

Sec. 10. That section four thousand and ninety-seven of the Revisal of 
one thousand nine hundred and five of North Carolina, as amended by chapter 
seven hundred and seventy-nine of the Public Laws of one thousand nine 
hundred and nine of North Carolina, be and the same is hereby repealed, 
and all laws and clauses of laws in conflict with this act are hereby repealed. 

Sec. 11. That this act shall be in force from and after its ratification. 

In the General Assembly read three times and ratified this the 1st day of 
March, 1913. 

1913, c. 33; 1915, c. 236; 1917, c. 281. 



COMPULSORY ATTENDANCE LAW 



AN ACT TO MAKE SCHOOL ATTENDANCE C03IPULS0R1 

The General AsseviMy of North Carolina do enact: 

All Children Required to Attend School, Age 8 to 14, Term Four Months. 
Section 1. That from and after the first day of July, one thousand nine 
hundred and thirteen, every parent, guardian, or other person in the State 
of North Carolina having charge or control of a child or children between 
the ages of eight and fourteen years, shall cause such child or children to 
attend the local public school in the district, town or city in which he resides, 
continuously for four months of the school term of each year, except as 
heinafter provided. This period of compulsory attendance shall commence 
at the beginning of the compulsory period of the school term nearest to the 
efghth birthday of such child or children, and shall cover the compulsory 
period of six consecutive school years thereafter. This period of compulsory 
attendance for each public school shall commence at the beginning of the 
school term of said school unless otherwise ordered by the county board of 
education, or in case of towns or cities of two thousand or more inhabitants, 
by the board of trustees of the public schools of said towns or cities. Con- 
tinuous attendance upon some other public school or upon any .private or 
church school taught by competent teachers may be accepted in lieu of at- 
tendance upon the local public schools: Provided, that said period of con- 
tinuous attendance upon such other school shall be for at least four months 
of each year: Provided ftirther, that any private or church school receiving 
for instruction pupils between the ages of eight and fourteen years shall be 
required to keep such records of attendance of said children and to render 
such reports of same as are hereinafter required of public schools. And 
attendance upon such schools refusing or neglecting to keep such records 
and to render such reports shall not be accepted in lieu of attendance upon 
the local public school of the district, town or city which the child shall be 
entitled to attend: Provided, the period of compulsory attendance shall be 
in force and apply between the ages of eight and fifteen years in Mitchell 
County. 

EXEMPTIONS. 

Sec. 2. This act shall not apply in any case in which the child's physical 
or mental condition, as attested by any legally qualified physician before any 
court having jurisdiction under this act, renders his attendance impracticable 
or inexpedient; or in any case in which the child resides two and one-half 
miles or more by the nearest traveled route from the schoolhouse; or in any 
case in which, because of extreme poverty the services of such child are 
necessary for his own support or the support of his parents, as attested by 
the affidavit of said parents and of such witnesses as the attendance officer 
may require; or in any case in which said parent, guardian or other person 
having charge or control of the child shall show before any magistrate by 
affidavit of himself and of such witnesses as the attendance officer may re- 
quire, that the child is without necessary books and clothing for attending 



102 Public School Law of ITorth Carolina 

school, and that he is unable to provide the necessary books and clothes; 
Provided, that when books and clothing shall have been provided, through 
charity or by other means, the child shall no longer be exempt from attend- 
ance under this provision. 

PABENTS SHALL CAUSE CHILDREN TO ATTEND SCHOOL. 

Sec. 3. Every parent, guardian, or other person in the State of North 
Carolina having charge or control of a child or children between the ages 
of eight and fourteen years shall cause said child to attend school as afore- 
said: Provided, that occasional absence from such attendance by such child 
amounting to not more than two unexcused absences in four consecutive 
weeks shall not be unlawful: Provided, further, that the superintendent, 
principal or teacher in charge of any school may excuse any child for a 
temporary absence, because of unusual storm or bad weather, sickness or 
death in the child's family, unforeseen or unavoidable accidents, and such 
excuse and reason therefor shall be recorded by said superintendent, princi- 
pal, or teacher in charge of school and reported to the attendance officer 
as hereinafter provided: Provided further, that in case of protracted illness 
of any child whose attendance is required under this act, or in case of quaran- 
tine of the home in which the child resides, upon report of the health officer 
or upon satisfactory evidence to this effect, the attendance officer shall excuse 
from attendance such child until he is fully restored to health or until the 
time required by law that he shall stay out of school after quarantine has 
been raised. 

PENALTY FOR VIOLATION OF LAW. 

Sec. 4. Any parent, guardian or other person violating the provisions of 
this act shall be guilty of a misdemeanor, and upon conviction shall be liable 
to a fine of not less than five dollars nor more than twenty-five dollars, and 
upon failure or refusal to pay such fine said parent, guardian, or other person 
shall be imprisoned not to exceed thirty days in the county jail: Provided, 
that the fine for any first offense may, upon the payment of costs, be sus- 
pended and not collected until the same party is convicted of a second offense: 
Provided, further, that after the expiration of three days from the service of 
the notice by the attendance officer each and every day a parent, guardian, 
or other person shall willfully and unlawfully keep- such child or children 
from school, or allow him to remain out of school, shall constitute a separate 
offense and shall subject said person to penalties herein prescribed. 

ATTENDANCE OFFICERS, DUTIES, COMPENSATION, ETC. 

Sec. 5. (Substitute for.) The county board of education in each county 
shall appoint and remove at will an attendance officer in each township to 
enforce the provisions of this act. It shall be the duty of the school com- 
mittee of the totvnship or district to furnish each superintendent, principal, 
or teacher in charge of each school, and to furnish also the attendance oflicer 
of each township and the county superintendent, with an accurate school 
census of each school district at the opening of the school in said township 
or district each year. The superintendent, principal, or teacher in charge 
of any school shall at the end of each week serve written or printed notice 
upon every parent or guardian or other person having in charge any child 



Public School Law of I^^okth Caeolina 103 

within the compulsorF attendance age, notifying him of the absence or ab- 
sences of such child during the week and shall file copies of all such notices 
with the attendance officer immediately; and said parent, guardian, or person 
shall be required to render promptly to such superintendent, principal, or 
teacher in charge of the school the excuse or cause of absence of such child. 
The failure of such parent, guardian, or person to render satisfactory excuse 
within three days after the mailing or serving such notice shall be prima 
facie evidence of the violation of this act in case of any prosecution of such 
person under this act; and shall subject said person to prosecution therefor 
and to the payment of the costs incurred in such prosecution. The names 
of all persons failing to render satisfactory legal excuse shall be reported 
immediately to the attendance officer. Prosecutions under this act shall be 
brought by the attendance officer in the name of the State of North Carolina 
before any justice of the peace, or police justice, or recorder of any county, 
town, or township, in which the person prosecuted resides. Upon failure of 
any attendance officer to prosecute, the county superintendent, upon report 
and recommendation of principal or teacher in charge or of the school com- 
mittee, shall prosecute for violation of this act. The attendance officer shall 
keep an accurate record of all notices served, all cases prosecuted, and all 
other services performed, and shall make an annual report of same to the 
county board of education. In the discretion of the county board of education, 
the attendance officer shall be allowed reasonable compensation from the 
county school fund for such services as are required of him under this act, 
compensation for which is not specifically provided for herein: Provided, 
that in case the county board of education shall appoint a school committee- 
man or township constable as attendance officer, the duties of such officer 
herein prescribed are hereby declared to be a part of his duties ex officio: 
Provided, further, that the school committee or board of trustees of any 
school in any town or city of five thousand or more inhabitants, operating its 
schools under special charter, is hereby authorized and empowered, if in their 
judgment such action is wise, to appoint an attendance officer for the schools 
under their direction, fix his compensation, and pay the same out of the 
special tax school funds of said town or city, and assign to him other duties 
in addition to those enumerated above. 

TEACHERS MUST COOPERATE, PENALTY FOR NON-COMPLIANCE. 

Sec. 6. (Substitute for.) It shall be the duty of all principals and 
teachers to cooperate with the attendance officers in the enforcement of this 
law. To this end it shall be the duty of the principal or teacher in charge in 
every school in which pupils between the ages of eight and fourteen years are 
instructed to keep an accurate record of the attendance of such pupils. On 
or before the fourth Monday of each calendar month during the compulsory 
attendance term of each school the superintendent, principal or teacher in 
charge of each school in each township shall report to the attendance officer 
of said township and the county superintendent the names of all children 
that have been absent without legal excuse during said month, the number 
of absences of each child, together with the name of the parent, guardian, or 
person in charge of said child. The said township attendance officer shall 
immediately upon receipt of said report notify each of said parents, guardians 
or other persons having in charge such reported children to meet him at a 



104 Public School Law of ]^orth Carolina 

designated place in said township at a designated houi; on Saturday following 
said fourth Monday for the purpose of explaining the cause of such absence 
of such children, and said attendance officer, after hearing and passing upon 
the excuses rendered, shall proceed with the prosecution as provided for in 
this act against those parents, guardians, or other persons who fail to render 
legal excuse for the absence of such reported children. 

Said attendance officer shall be paid out of the general school fund of the 
county two dollars for his services rendered on said day for said purpose. 
The failure of any parent, guardian, or other person in charge of any child 
that has been reported absent, without excuse, to meet said attendance 
officer on said day without satisfactory excuse rendered shall be prima facie 
evidence of the violation of the provisions of this act and shall subject him 
to prosecution hereunder and to the penalty prescribed herein. Upon the 
willful or negligent failure of any principal or teacher in charge of any school 
to comply with the provisions of this section, the county superintendent 
shall deduct from his or her salary for the current month the sum of five 
dollars before approving the voucher therefor. 

LAW TO BE GIVEN WIDEST POSSIBLE CIRCULATION. 

Sec. 7. It shall be the duty of the county board of education of each 
county to cause this act to be published in full in some newspaper published 
in the county, if there is one, and if there be none, then in circular form, 
and given the widest possible circulation at least four weeks prior to the 
opening of the schools for the school year beginning July first, one thousand 
nine hundred and thirteen, and annually thereafter, if in their discretion it 
seems necessary. 

EXISTING local OR SPECIAL LAWS NOT AFFECTED OR REPEALED BY THIS ACT. 

Sec. 8. This act shall not affect or in any part repeal any existing special 
or local laws requiring compulsory attendance in any county or school dis- 
trict: Provided, the provisions of this act shall apply to Mitchell County. 

applies TO POLK COUNTY. 

Sec. 9. This bill shall apply to all children in Polk County between the 
ages of seven and fifteen years. 

Sec. 10. Chapter eight hundred and ninety-four of the Public Local Laws 
of one thousand nine hundred and seven of North Carolina, as amended by 
chapter five hundred and twenty-five of the Public Laws of one thousand, 
nine hundred and nine of North Carolina is hereby repealed. 

BOARD given POWER TO MAKE RULES AND REGULATIONS TO SECURE ATTENDANCE. 

Sec. 11. The board of education of each county shall have power at their 
regular meeting held in July of each year, and thereafter at any regular 
meeting, to make such rules and regulations as they may deem best to secure 
the attendance of all children between the ages of eight and fourteen years 
upon schools of the county, and such rules and regulations, when approved 
by the county superintendent of public instruction, and posted at the court- 



¥ 



Public School Law of I^orth Carolin-a 105 

house door and at the door of each public schoolhouse in the county, shall 
supersede any provision of this act in conflict therewith.* 

Sec. 12. This act shall be in full force and effect from and after its ratifi- 
cation. 

In the General Assembly read three times and ratified this the 12th day 
of March, 1913. 

1913, c. 173; 1915, c. 236; 1917, c. 208. 



*As will be seen from the State Superintendent's construction of this law, concurred in by 
the Attorney-General, section 11 is an enabling instead of a disabling section, allowing the 
countj' board of education discretion in the modification of the machinery of the act by the 
adoption of rules and regulations for its enforcement, adapted to the different conditions in 
different counties, but conferring no power upon the board to revoke or annul the general 
and fundamental provisions of the law and its clearly stated purpose of compelling the 
attendance of all children between the ages of eight and fourteen years. 

It is mandatory upon the county board of education to enforce these fundamental pro- 
visions and "to secure the attendance of all children between the ages of eight and twelve 
years upon the schools of the county." Read carefully the State Superintendent's official 
construction of this law on pages 129 et seq., of this pamphlet. 



CHILD LABOR LAW 



AN ACT TO REGULATE AND RESTRICT LABOR IN MANUFACTURING 

ESTABLISHMENTS 

The General Assembly of North Carolina do enact: 

NO CHILD UNDER TWELVE PERMITTED TO WORK IN FACTORIES. 

Section 1. That no child under twelve years of age shall be employed or 
work in any factory or manufacturing establishment within this State: 
Provided, that no child between the ages of twelve and thirteen shall be 
employed or work in a factory except in apprenticeship capacity, and only 
then after having attended school four months in the preceding twelve 
months. 

NO PERSON UNDER SIXTEEN YEARS MAY WORK AT NIGHT. 

Sec. 2. That no person under sixteen years of age shall be employed or 
permitted to work in any mill, factory or manufacturing establishment in 
this State between the hours of 9 p. m. and 6 a. m. 

certificates REQUIRED. 

Sec. 3. That no child under sixteen years of age shall be employed or 
permitted to work at night, nor shall any child under the age of thirteen 
years be employed on day work in any mill, factory or manufacturing plant 
in this State unless the person, firm or corporation employing such child or 
permitting such child to work shall have procured and shall keep on file and 
accessible to any inspector of factories or other authorized officer charged 
with the enforcement of this act a certificate from the parent, guardian, or 
from person standing in loco parentis to any such child, which certificate 
shall show the name and age of such child, and in case such child is under 
thirteen and more than twelve years of age, said certificate must set forth the 
fact that such child has attended school four months in the preceding twelve 
months. 

PENALTY FOR VIOLATION. 

Sec. 4. That any person, firm or corporation, agent or manager of any 
firm or corporation who willfully, whether for himself or for such firm or 
corporation, employs or permits to work any child in violation of any of the 
provisions of this act, and whoever, having under his control as parent, 
guardian or otherwise, shall willfully set forth any false statement in the 
certificate of employment herein required or otherwise suffers such children 
to be employed or to work in violation of any of the provisions of this act, 
shall be guilty of a misdemeanor. 

COUNTY SUPERINTENDENT MUST INVESTIGATE. 

Sec. 5. That it shall be the duty of the county superintendent of public 
schools to investigate any violation of this act and to report the same to the 
solicitor of the judicial district in which said violation occurred, together 
with the names of all witnesses. 



Public School Law of I^orth Carolina 107 

Sec. 6. That all laws and clauses of laws in conflict with this act are 
hereby repealed. 

Sec. 7. That this act shall be in force from and after the first day 
of January, 1914. 

In the General Assembly read three times and ratified this the sixth 
day of March, 1913. 

1913, c. 64. 

LABOR LAWS OF NORTH CAROLINA 



[The text below is from the act of 1907, chapter 463, and the act of 1915, chapter 148, 
and is given in the form of the present provisions, eliminating the amendatory clauses.] 

AN ACT TO REGULATE AND RESTRICT CHILD LABOR IN MANUFAC- 
TURING ESTABLISHMENTS AND TO REGULATE THE HOURS OF 
LABOR 

The General Assem'bly of North Carolina do enact: 

Section 1. That no child under twelve years of age shall be employed or 
work in any factory or manufacturing establishment within this State: Pro- 
vided further, that after one thousand nine hundred and seven no child be- 
tween the ages of twelve and thirteen years of age shall be employed or work 
in a factory except in apprenticeship capacity, and only then after having 
attended school four months~in the preceding twelve months. 

Sec. 2. That sixty hours shall constitute a week's work in all factories and 
manufacturing establishments of the State, and that no minor nor woman 
shall be worked in such factory or establishment a longer period than sixty 
hours in one week and no adult male shall be worked in such factory or estab- 
lishment for a longer period than sixty hours in one week unless there shall 
be a written contract entered into between said adult male and his employer 
to that effect, in which the employer shall agree to pay said adult male extra 
compensation for extra hours he may work. That no employee in any factory 
or manufacturer's establishment in this State shall be worked exceeding eleven 
hours in any one day: Provided, this section shall not apply to engineers, fire- 
men, superintendents, overseers, section and yard hands, office men, watchmen 
or repairers of breakdowns. 

Sec. 3. All parents or persons standing in the relation of parent, upon hir- 
ing their children to any factory or manufacturing establishment, shall furnish 
such establishment a written statement of the age of such child or children be- 
ing so hired, and certificates as to school attendance; and any parent or person 
standing in the relation of parent to such child or children who shall in such 
written statement misstate the age of such child or children being so employed, 
or their school attendance, shall be guilty of a misdemeanor, and upon con- 
viction shall be punished in the discretion of the court. Any mill owner, 
superintendent, boss, or manufacturing establishment who shall knowingly or 
willfully violate the provisions of this act shall be guilty of a misdemeanor. 
and upon conviction shall be punished in the discretion of the court: Pro- 
vided, that for a second conviction under this act within twelve months the 
fine shall not be less than five hundred dollars or the imprisonment not less 
than ninety days. 

Sec. 4. That all laws and clauses of laws in conflict with this act are 
hereby repealed. 

Sec. 5. That this act shall be in force from and after its ratification. 
Ratified this the 8th day of March, 1915. 



GUILFORD COUNTY FARM-LIFE SCHOOL LAW 

Made to Apply to All Counties of the State 



AN ACT TO PROMOTE THE TEACHING OF AGRICULTUEE AND DOMES- 
TIC SCIENCE IN THE PUBLIC HIGH SCHOOLS OF GUILFORD 
COUNTY 

The General AssemMy of North Carolina do enact: 

AGRICULTURAL INSTRUCTION AND TRAINING IN DOMESTIC SCIENCE. 

Section 1. That there shall be maintained in one or more of the public 
high schools of Guilford County, complying with the provisions of this act as 
hereinafter set forth, a department of agricultural instruction, and a depart- 
ment of training in domestic science and home economics in order to better 
prepare the boys and girls of said county for farm life and home making. 

BOARD OF TRUSTEES. 

Sec. 2. That the said school or schools shall be under the control and 
management of a board of trustees consisting of the members of the board 
of education of said county and the chairman and secretary of the board of 
trustees of each high school in which such departments are established. 

selection of school. 

Sec. .3. That after due advertisement inviting bids from the public high 
schools of said county now in existence or hereafter created, the County 
Board of Education of Guilford County shall designate the place or places 
at which such agricultural or domestic science work shall be established. 
In designating a school, the said county board of education shall take into 
consideration the financial aid offered for a maintenance and equipment, 
desirability and suitability of location: Provided, however, that no such 
department shall be established in a school which is located in a town of 
more than one thousand inhabitants, nor within two miles of the corporate 
limits of any city or town of more than five thousand inhabitants. 

maintenance of School, provisions, etc. 

Sec. 4. That for the maintenance of said school or schools, the County 
Board of Education of Guilford County shall provide annually out of the 
public school fund, or by donation or local tax, not exceeding twenty-five 
hundred ($2,500) dollars: Provided, hoivever, that the present average 
school term of the county shall not be shortened by the appropriation herein 
designated. Any school applying for the benefit to be derived under this 
act shall first provide a building with recitation rooms, laboratories, and 
apparatus necessary for efficient instruction in the prescribed subjects of 
study and such dormitory buildings as the county board of education of said 
county may require, and a farm of not less than ten acres of good arable 



Public School Law of Xorth Carolina 109 

land, said land to be situated not more than one mile from the school 
buildings: Provided, however, that before the County Board of Education 
of Guilford County shall designate any school as a place at which the agri- 
cultural and domestic science work shall become a part of the school curricu- 
lum, it shall first submit to the State Superintendent of Public Instruction 
for his inspection and approval the equipment provided for said school. 

PURPOSE OF SCHOOL AND COURSE OF STUDY. 

Sec. 5. That the purposes of said school or schools are to give to the boys 
and girls such preparation as is now given in the said county public high 
schools, and in addition to that to give to the boys training in agricultural 
pursuits and farm life, and to prepare the girls for home making and home 
keeping. The course of study for the said school or schools shall be subject 
to the approval of the State Superintendent of Public Instruction and an 
advisory board of farm-life schools to be appointed by him. 

FACULTY AND SCHEDULE OF WORK. 

Sec. 6. That the teacher or teachers of the public high school, the teacher 
of agriculture, and the teacher of domestic science shall constitute the 
faculty of the county high school, who shall arrange the weekly schedule of 
work and submit such weekly schedule to the County Superintendent of 
Education of Guilford County for his approval. 

APPROPRIATION BY STATE, PROVISIONS AND TERMS. 

Sec. 7. That upon its being made to appear to the State Board of Educa- 
tion that Guilford County has complied with all the provisions of this act 
for establishment, maintenance and equipment of an agricultural department 
and a domestic science department in connection with one or more, of the 
public high schools of the said county, it shall appropriate and pay to the 
County Board of Education of Guilford County for such purpose an amount 
equal to that appropriated and furnished by the county of Guilford for said 
work: Provided, however, that said appropriation by the State Board of 
Education shall not exceed the sum of twenty-five hundred ($2,500) dollars 
annually for the maintenance of said work in said county, to be paid by the 
State Treasurer out of funds appropriated for the maintenance of county 
farm-life schools by chapter eighty-four of the Public Laws of one thousand 
nine hundred and eleven. That any money that is now or may hereafter 
be appropriated by the General Assembly of North Carolina, the State Board 
of Education, or other State authority for agricultural or domestic science 
education, a part of which appropriation would, except for this act, be appro- 
priated to Guilford County absolutely, or upon a contingency or contingencies 
then and in that event such appropriation which would go to Guilford County 
shall be turned over to the County Board of Education of Guilford County 
to aid in the carrying out of the provisions of this act. That compliance 
with the provisions of this act by the authorities of Guilford County shall 
be sufficient to entitle the county of Guilford to its proportion of any appro- 
priation of money already made or which may hereafter he made for training 
in the science of agriculture or domestic science. The State Superintendent 
of Public Instruction shall issue a requisition on the State Auditor for the 



110 Public School Law of J^orth Carolina 

amount so apportioned to Guilford County and he shall issue his warrant to 
the county treasurer of said county, and the money shall he placed hy the 
said treasurer to the credit of the school or schools of Guilford County in 
which said agricultural and domestic science work is being conducted: Pro- 
vided, however, that all money thus placed to their credit shall be used 
exclusively for the purpose of instruction in agriculture and domestic science. 

AUTHORITY OF HIGH SCHOOL PRINCIPAL. 

Sec. 8. That nothing in this act shall be construed to lessen the power 

and authority of the principal of the high school, but the instructors in the 

various departments shall be considered members of the faculty of which 
the high school principal is head. 

QUALIFICATION OF TEACHERS. 

Sec. 9. That no person shall be* employed as teacher in agriculture or 
domestic science in the school or schools herein provided for unless the 
applicant has furnished to the trustees satisfactory evidence of a liberal Eng- 
lish education, and in addition thereto special preparation and fitness for the 
specific branches to be taught, said qualifications to be passed upon by the 
County Superintendent of Guilford County, and if approved, submitted to 
the State Superintendent of Public Instruction for his approval. In addition 
to the above requirements the said person shall hold a high school teacher's 
certificate on all required subjects except Latin, Greek, and Modern Lan- 
guages. 

STUDENTS FROM OTHER COUNTIES. 

Sec. 10. That the board of trustees of the school or schools herein provided 
for is authorized and empowered to admit students from other counties of 
the S'atb to said school or schools, upon payment of such tuition charges 
as said board of trustees may fix, but all students who are residents of Guil- 
ford County shall be admitted to any of said schools without charge for 
tuition: Provided, however, that there shall be no discrimination against 
students coming from other counties in the charges fixed for board and 
incidentals. 

AGRICULTURAL FARM LIFE AND EXTENSION WORK. 

Sec. 11. That it shall be part of the duty of the teachers of agriculture 
and domestic science to conduct agricultural farm life and extension work 
in Guilford County in cooperation, as far as possible, with such work carried 
on in said county by the State Department of Agriculture, the North Carolina 
College of Agriculture and Mechanic Arts, and the United States Department 
of Agriculture; to hold township and district meetings in various parts of 
Guilford County from time to time, for farmers and farmers' wives; to co- 
operate with the county superintendent of education of said county and 
with the commissioner of agriculture, if such officer exists, in stimulating, 
directing, and supervising practical farm life work in the public high school 
and the elementary schools of said county, and in providing instruction 
through the teachers' association and through a special short course of study 
at the schools where agriculture and domestic science instruction is given 
for the public school teachers of the said county. 



Public School Law of IN^oeth Carolina 111 

this act made to apply to any county of north carolina. 

Sec. 12. This act shall apply to Guilford County, and to any other county 
of the State of North Carolina complying with the conditions herein required 
of Guilford County: Provided, that the amount annually set aside out of 
the public school fund by any county for maintenance of said farm-life depart- 
ments shall not operate to increase the amount to which said county would 
have been entitled from the State equalizing fund if said apportionments 
for farm-life departments had not been set aside; and said apportionments 
shall be included in the necessary expenses for a four months school term 
for which a special tax, if necessary, must be levied under chapter thirty- 
three of the public laws of one thousand nine hundred and thirteen. The 
board of county commissioners of any county is hereby authorized to provide 
out of the funds for necessary county expenses the funds required under 
section four of chapter four hundred and forty-nine of the public local laws 
of one thousand nine hundred and eleven for the establishment and main- 
tenance thereunder of farm-life departments in public high schools, and to 
include the same in the annual levy for necessary county expenses. 

Sec. 13. That this act shall be in force from and after its ratification. 

Ratified this the 1st day of March, 1911. 

Amendments ratified the 10th day of March, 1913. 

1911 (Public-Local Laws), c. 449; 1913, c. 105; 1915, c. 236. 



WOMEN ON SCHOOL BOARDS 



AN ACT TO AUTHORIZE WOMEN TO DISCHARGE CERTAIN DUTIES 
PERTAINING TO EDUCATION 

The General Assem'bly of North Carolina do enact: 

CERTAIN POSITIONS NOT DEEMED OFFICES. 

Section 1. That positions on committees for rural and graded schools, 
boards of trustees for State schools and colleges for women, and subtext- 
book commissions, shall not be deemed offices within this State, but shall 
be places of profit or trust. 

women may serve in said positions. 

Sec. 2. Women shall be eligible to serve in the places named in section 
one of this act under the same conditions and restrictions as are now im- 
posed upon men: Provided, that the piovlsions of this act shall not apply 
to any position or place where the person holding such position or place 
is elected by the people. 

Sec. 3. All laws and clauses of laws in conflict with this act are hereby 
repealed. 

Sec. 4. This act shall be in force from and after its ratification. 

In the General Assembly read three times and ratified this the 12th day 
of March, 1913. 

1913, c. 170. 



COUNTY FARM-LIFE SCHOOL LAW 



AN ACT TO PROYIDE FOR THE ESTABLISHMENT AND MAINTENANCE 
OF COUNTY FAEM-LIFE SCHOOLS AND FOR THE PROMOTION OF 
AGRICULTURE AND H03IE MAKING. (Chapter 71, Public Laws of 
191L) 

The General AssemMy of North Carolina do enact: 

Section 1. There shall be established, and maintained in every county 
complying with the provisions of this act as hereinafter set forth a school 
to be known as a "County Farm-Life School," for the training and preparation 
of the boys and girls of said county for farm life and home-making. 

THE AIM OF THE COUXTY FARM-LIFE SCHOOL. 

Sec. 2. The aim of said school shall be to prepare boys for agricultural 
pursuits and farm life and to prepare girls for home-making and house- 
keeping on the farm. The course of study in said school shall be subject 
to the approval of the State Superintendent of Public Instruction and an 
advisory board on farm-life schools, to be appointed by him: Provided, 
however, that the course of study shall include practical work on the farm 
by the boys and practical work in all subjects relating to housekeeping and 
home-making by the girls. 

BOARD OF TRUSTEES. 

Sec. 3. Said school shall be under the control and management of a board 
of trustees, consisting of one member from each township in the county, 
appointed by the county board of education, who shall serve until their suc- 
cessors shall be appointed. The first board of trustees shall be divided by 
the county board of education into three as nearly equal groups as possible — 
one group shall be appointed for a term of two years, one group for a term 
of four years, and one group for a term of six years. Upon the expiration of 
the term of office of any trustee his successor shall be appointed for a term 
of six years. The county superintendent of public instruction shall be 
ex officio a member of said board and secretary thereof. All vacancies oc- 
curring by death, resignation, or otherwise in said board shall be filled for 
the unexpired term by the county board of education. 

Sec. 4. Within ten days after any county, township, or townships shall 
have complied with the provisions of this act as hereinafter set forth for 
the maintenance and equipment of said school, the members of the board of 
trustees shall be appointed, and the county superintendent shall duly notify 
them to meet at the county-seat within ten days after their appointment to 
qualify and organize. 

LOCATION. 

Sec. 5. After due advertisement, inviting bids for the location of said 
school within said county, said board of trustees shall locate it at such place 
in said county as shall offer the largest financial aid for maintenance and 



114 Public School Law of N'orth Carolina 

equipment, having due regard for desirability and suitability of location: 
Provided, however, that said school shall not be located in any city or town of 
more than one thousand inhabitants, nor within two miles of the corporate 
limits of any city or town of more than five thousand inhabitants. 

BUILDINGS, FARM, MAINTENANCE, ETC. 

Sec. 6. For the maintenance of said school, the county or township or 
school district, or all combined, wherein it is located, shall provide annually, 
by taxation or otherwise, not less than twenty-five hundred dollars. The 
county or township or school district, or all combined, shall also provide by 
bond issue, or otherwise, the following equipment for said school: a school 
building with recitation rooms and laboratories and apparatus necessary for 
efiicient instruction in the prescribed subjects of study; dormitory buildings 
with suitable accommodations for not less than twenty-five boys and twenty- 
five girls; a barn and dairy building with necessary equipment; a farm of 
not less than twenty-five acres of good arable land. All of said buildings 
shall be located on said farm and shall be constructed in accordance with 
plans approved by the State Superintendent of Public Instruction, and the 
entire equipment shall be subject to his approval and acceptance after in- 
spection: Provided, however, that, upon recommendation of the board of 
trustees and the presentation of satisfactory reasons therefor, the State 
Superintendent of Public Instruction may grant permissioji to said board of 
trustees to accept any suitable and properly equipped school building already 
constructed, though it may not be located on said farm, provided it be located 
within reasonable and convenient distance thereof, and may also grant per- 
mission to reduce the required acreage for the farm to not less than ten acres. 

PROVISIONS FOR ELECTION IN COUNTY. 

Sec. 7. Upon written request of the county board of education of any 
county, the board of county commissioners of said county may in their discre- 
tion order an election to be held in said county, in accordance with the law 
governing general elections therein, as nearly as may be: Provided, however, 
that a new registration shall be ordered for said election; and not less than 
thirty days notice of said election shall be given at the courthouse door and 
three other public places in said county; and if there be newspapers published 
in said county, a notice of said election shall also be published weekly for 
four successive weeks preceding said election in one newspaper therein; and 
the registrars and pollholders shall canvass the vote cast, declare the result, 
and duly certify the returns to the board of county commissioners, and the 
returns shall be recorded in the records of said board of county commis- 
sioners. At said election shall be submitted to the qualified voters of the 
county the question of levying and collecting a special tax on all taxable 
property and polls of said county for the maintenance and equipment of a 
"County Farm-life School" therein. At such election those favoring the 
levying and collection of such a tax for said purpose shall vote a ballot on 
which shall be written or printed the words "For County Farm-life School"; 
and those opposed shall vote a ballot on which shall be written or printed 
the words "Against County Farm-life School." If a majority of the qualified 
voters shall vote "For County Farm-life School," then all the provisions 



Public School Law of I^orth Carolina 115 

of this act shall be in full force and effect, and the county commissioners 
shall annually levy and cause to be collected, in the same manner and at 
the same time as other taxes of the county are levied and collected, a tax on 
all property and polls of the county sufficient to provide the sum required 
of said county under section six of this act for the annual maintenance of 
said school, and, in addition, the sum required for the payment of the annual 
interest on such bond issue as may be found necessary for providing the 
equipment for said school required under section six of this act, as said 
interest accrues, and to create a sinking fund for the purpose of paying off 
and discharging said bonds as they become due. The bond of the sheriff or 
tax collector of said county shall be responsible for said tax to the same 
extent as it is liable for other taxes collected by him. 

BONDS TO BE ISSUED. 

Sec. 8. If a majority of the qualified voters at the election herein pro- 
vided for shall vote "For County Farm-life School," it shall be deemed and 
held that a majority of the qualified voters are in favor of granting to the 
board of county commissioners of said county authority to issue bonds in 
an amount not to exceed twenty-five thousand dollars for the purpose of 
providing the necessary equipment prescribed in section six of this act; and 
such authority shall be granted to and vested in said board of county com- 
missioners, and said board is hereby authorized and empowered to issue 
and sell bonds in the name of said county to an amount not to exceed twenty- 
five thousand dollars, of such denomination and of such proportion as said 
board of county commissioners may deem advisable, bearing interest at a 
rate not to exceed six per centum, with interest coupons attached, payable 
at such time or times and at such place or places as may be deemed advisable 
by said board of county commissioners, such bonds to be of such form and 
tenor and transferable in such way, and the principal thereof payable or 
redeemable at such time or times, not less than fifteen years from the date 
thereof, and at such place or places as said board of county commissioners 
may determine. The proceeds arising from the sale of said bonds shall be 
expended by said board of county commissioners in providing, by purchase 
or otherwise, the equipment in land, buildings, and apparatus required in 
section six of this act for the "Cour.^y Farm-life School": Provided, hotvever, 
that the treasurer of said county shai! receive no compensation for receiving 
or disbursing the money which may ue received from the sale of said bonds. 

ELECTION IN TOWNSHIP — ISSUANCE OF BONDS TO SECURE LOCATION. 

Sec. 9. The county commissioners of any county that has voted for the 
establishment of a "County Farm-life School" therein shall, upon petition of 
one-fourth of the freeholders in any township applying to the trustees of 
said "County Farm-life School" to secure the location of said school therein, 
order an election therein, to be held after thirty days notice at three public 
places in said township, under the law governing State and county elections 
as nearly as may be, and the returns of said election shall be certified by the 
registrars and pollholders to the board of county commissioners, and the 
same shall be recorded in the records of said county commissioners; at 
which election shall be submitted to the qualified voters of said township the 
8 



116 Public School Law of ITorth Carolina 

question of issuing bonds in a sum not to exceed twenty-five thousand 
dollars, the amount of said bond issue to be set out in the petition for said 
election, and of levying and collecting on all taxable property and polls in 
said township a special tax sufiicient to provide for the payment of the 
interest on said township bonds as it accrues and to create a sinking fund 
for the purpose of paying off and discharging said township bonds as they 
become due. At such election, those favoring the levying and collection 
of such a tax for said purpose shall vote a ballot on which shall be written 
or printed the words "For County Farm-life School," and those opposed 
shall vote a ballot on which shall be written or printed the words "Against 
County Farm-life School." If a majority of the qualified voters at said 
election shall vote "For County Farm-life School," then it shall be deemed 
and held that a majority of the qualified voters are in favor of granting to 
the board of county commissioners of said county authority to issue bonds 
in the name of said township in such amount as shall have been named in 
the petition and notice of election, to be sold by said commissioners for the 
purpose of aiding in providing the buildings and farm and other equipment 
for the "County Farm-life School," provided said school shall be located in 
said township; and if said school shall be located in said township, the board 
of county commissioners shall annually levy and cause to be collected, in 
the same manner and at the same time as other taxes of the county are 
levied and collected, a tax on all property and polls in said township, sufficient 
to provide for the payment of interest on said township bonds as it accrues 
and to create a sinking fund for the purpose of paying off and discharging 
said township bonds as they become due; and said board of county com- 
missioners is hereby authorized and empowered to issue and sell said bonds 
of said township to the amount specified in said petition and notice of elec- 
tion, of such denomination and of such proportion as said board of county 
commissioners may deem advisable, bearing interest at a rate not to exceed 
six per centum, with interest coupons attached, payable at the time or times, 
and at the same place or places, and of the same form and tenor, and the 
principal thereof payable or redeemable at the same time or times and at the 
same place or places as the county bonds issued by said board of county 
commissioners for the equipment of said "County Farm-life School." The 
proceeds arising from the sale of said township bonds shall be added to the 
proceeds arising from the sale of said county bonds and expended therewith 
by said board of county commissioners in providing, by purchase or other- 
wise, the equipment in land, buildings, and apparatus required in this act 
for the "County Farm-life School": Provided, hoioever, that any two or 
more contiguous townships bidding for the location of said "County Farm-life 
School" may unite and hold an election upon the same terms and conditions 
as are herein provided for one township for the location of the "County 
Farm-life School" at such point in said township as may be determined by 
the board of trustees of said "County Farm-life School": Provided, that 
the amount of bonds authorized to be issued by one or more townships in 
order to secure the location of the "County Farm-life School" in a given 
township shall be deducted from the amount of bonds authorized to be issued 
by the county, so as to limit the total issue of the bonds for farm, buildings 
and equipment to twenty-five thousand dollars. 



Public School Law of N'orth Carolina 117 

if election fails in county, township or contiguous townships may pro- 
VIDE FOR ESTABLISHMENT OF COUNTY FARM-LIFE SCHOOL. 

Sec. 10. In case an election shall be ordered and held in any county as 
herein provided, for the establishment and maintenance of a "County Farm- 
life School" therein, and a majority of the qualified voters at such election 
shall fail to vote "For County Farm-life School" any township in said county, 
or any two or more contiguous townships in said county, shall, upon petition 
of one-fourth of the freeholders therein to be board of county commissioners 
of said county, have an election ordered by said commissioners upon the 
same terms and conditions prescribed in section nine of this act: Provided, 
that a new registration shall be ordered; and if in such election a majority 
of the qualified voters in said township or townships shall vote "For County 
Farm-life School," then, in that event, it shall be deemed and held that the 
board of county commissioners of said county is authorized and empowered 
to issue and sell bonds in the name of said township or townships in an 
amount not to exceed twenty-five thousand dollars, and to levy and cause 
to be collected in the same manner and at the same time as other taxes of 
the county are levied and collected, a suflacient tax on all property and polls 
in said township or townships to comply with all the conditions named in 
this act for the maintenance and equipment of a "County Farm-life School," 
subject to the same conditions as are herein provided for the issuance and 
sale of county bonds and the levying and collection of a county tax for said 
purpose; and the said "County Farm-life School" shall thereupon be located 
at such point in said township or townships as may be determined by the 
board of trustees of said "County Farm-life School" provided for in this 
act; and such school, when thus established, shall be a "County Farm-Life 
School" for said county, and shall be subject to all the rights, privileges 
and obligations and conditions prescribed in this act for "County Farm-life 
Schools," except as herein otherwise provided: Provided further, that at 
any time after the establishment of said "County Farm-life School" by the 
township or townships under the provisions of this section, the county may, 
under the provisions of section seven of this act, hold an election as therein 
provided; and if at said election a majority of the qualified voters of the 
county shall vote "For County Farm-life School," and the tax and bond 
issue provided for in said section seven for the maintenance and equipment 
of a county farm-life school shall be provided, as directed therein, by the 
county commissioners for the entire county, said school, established under 
this section by the township or townships, shall become a county farm-life 
school in all respects like a county farm-life school established under section 
seven hereof; and the bonds of the township or townships and the tax levied 
for the maintenance of said school and for interest and sinking fund on said 
bonds, under this section, shall be assumed by the entire county, as provided 
in section seven hereof, and the bonds of said township or townships shall 
be canceled by substituting therefor the county bonds provided for in section 
seven hereof. 

HIGH SCHOOL DEPARTMENT CONDUCTED IN CONNECTION WITH COUNTY FARM-LIFE 

SCHOOL. 

Sec 11. There shall be established and maintained in connection with 
each county farm-life school such a high school course of study as is pre- 



118 Public School Law of North Carolina 

scribed under the high school law of the State for first-grade public high 
schools, and for the maintenance of such high school department of the 
county farm-life school theie shall be the same county and State apportion- 
ments as are now made and required for a first-grade public high school 
under the provisions of the public high school law of the State. If an addi- 
tional apportionment for said high school department of said school cannot be 
made out of the State appropriation for public high schools then the State and 
county appropriations for. one or more of the existing high schools in said 
county shall be transferred to the maintenance and support of said high 
school department of said county farm-life school. If said county farni-life 
school shall be located at the same place with some existing public high 
school in said county established and maintained under the public high school 
law of the State, then said public high school shall be merged into and become 
the high school department of said county farm-life school as an organic part 
thereof; and the apporopriations for the maintenance thereof shall be the 
same as the appropriations now required for a first-grade public high school 
under the provisions of the public high school law of the State. The re- 
quirements for teachers in said high school department of the county farm- 
life school shall be the same as are now required for high school teachers 
under the said high school law. Said high school department and course of 
study, however, and the entire management of the same shall be under the 
direction and control of the board of trustees and the principal of the county 
farm-life school and shall be conducted as an organic part of said school. 

CEBTIFICATION OF TEACHERS. 

Sec. 12. No person shall be employed as principal in charge of any 
"County Farm-life School" who does not hold a high school teacher's certifi- 
cate on all required subjects except Latin, Greek, and modern languages, 
including an additional certificate from the State Board of Examiners and 
the president of the North Carolina College of Agriculture and Mechanic 
Arts, stating that he has furnished satisfactory evidence to them of his 
qualifications by special training and practical experience for said position. 
And no person shall be employed in the department of said "County Farm- 
life School" for the special training of girls for home making and house- 
keeping on the farm who does not hold a high school teacher's certificate 
on all required subjects except Latin, Greek, and modern languages, includ- 
ing an additional certificate from the State Board of Examiners and the 
president of the State Normal and Industrial College, stating that such per- 
son has furnished to them satisfactory evidence of qualifications by special 
training and practical experience for said position. 

AORICULTUBAL AND FARM-LIFE EXTENSION AND DEMONSTRATION — SHORT COURSES 
FOR ADULTS, MEN AND WOMEN. 

Si:c. 13. It shall be a part of the duty of the faculty of each "County 
Farm-life School" to conduct agricultural farm-life extension and demonstra- 
tion work in said county, in cooperation, as far as possible, with such work 
carried on in said county by the State Department of Agriculture, the North 
Carolina College of Agriculture and Mechanic Arts, and the United States 
Department of Agriculture; to hold township and district meetings in various 



Public School Law of N'orth Carolina . 119 

parts of the county from time to time for farmers and farmers' wives; to co- 
operate with the county superintendent of public instruction and with the 
county commissioner of agriculture, where such office exists, in stimulating, 
directing, and supervising practical farm-life work in the public high schools 
and the elementary schools of the county, and in providing instruction, 
through the county teachers' association and through special short courses 
of study at said "County Farm-life School," for the public school teachers 
of said county. There shall be provided in the courses of study of said 
"County Farm-life School" short courses in farm-life studies to which shall 
be admitted adult farmers, men and women; and there shall be held at 
said "County Farm-life School" annually one or more county meetings for 
the farmers and their wives of said county for instruction and demonstration 
work. All of the work herein required and all other work of the "County 
Farm-life School" shall be under the general supervision of the county super- 
intendent of public instruction, and said school shall in all respects be an 
organic part of the county public school system. 

ADMISSION OF STUDENTS FROM OTHER COUNTIES. 

Sec. 14. The board of trustees of the "County Farm-life School" of any 
county is hereby authorized and empowered to admit students from other 
counties of the State to said school upon payment of such rate of tuition 
as said board of trustees may fix; but all students who are residents of the 
county in which said school is located shall be admitted to said school without 
charge for tuition, except as provided for in section ten of this act; and 
said board of trustees shall fix all other charges in said school at actual cost. 

TREASURER OF COUNTY FARM-LIFE SCHOOL. 

Sec. 15. The treasurer of said county shall be the treasurer of said 
"County Farm-life School," and shall receive and disburse all funds therefor, 
keeping and rendering annually to the board of trustees of said school a 
separate account of such receipts and disbursements: Provided, that said 
treasurer, if employed on salary, shall receive no additional compensation for 
his services; and if employed on commission, he shall receive as compensa- 
tion not to exceed one per cent on all disbursements and nothing on receipts. 
The official bond of said treasurer shall be responsible and held liable for 
all funds coming into his hands for said school to the same extent as it is 
liable for other funds received by him as treasurer of said county. 

THE CORPORATE NAME. 

Sec. 16. The board of trustees of the said "County Farm-life School" and 
their successors in office shall be and are hereby constituted a body corporate 
by the name and style of "The Board of Trustees of the County Farm-life 
School of County," and by that name may sue and be sued, con- 
tract and be contracted with, purchase, hold and sell real estate and personal 
property, receive donations by gift or otherwise, and exercise such other 
rights and privileges as are conferred by law upon corporate bodies. The 
title to all lands and other property of the "County Farm-life School" shall 
vest in said board of trustees. 



120 Public School Law of JSTorth Caeolina 

APPROPRIATION OF STATE FUNDS. 

Sec. 17. Upon satisfactory evidence furnished to the State Board of Edu- 
cation that all the provisions of this act for the establishment, maintenance 
and equipment of a "County Farm-life School" have been complied with 
in any county, the said State Board of Education shall order the State Super- 
intendent of Public Instruction to issue a requisition upon the State Auditor 
for the sum of two thousand five hundred dollars annually for the mainte- 
nance of said school, and the State Auditor shall issue his warrant in favor 
of the county treasurer of said county for said amount, which shall be paid 
out of the State Treasury and the money placed to the credit of the "County 
Farm-life School" of said county; and sufficient moneys to pay said warrants 
are hereby appropriated out of any funds in the hands of the State Treas- 
urer not otherwise appropriated: Provided, however, that there shall not 
be established more than ten such schools in any one year, and that not more 
than one such school shall be established in any county. 

Sec. 18. This act shall be in full force and effect from and after its ratifi- 
cation. 

Ratified this the 3d day of March, A. D. 1911. 

1911. c. 84. 



A STATE-WIDE BOND ACT FOR SCHOOL BUILDINGS 



AN ACT TO PER3IIT COUNTIES, TOWNSHIPS, AND CERTAIN SCHOOL 
DISTRICTS TO ISSUE BONDS TO BUILD SCHOOLHOUSES 

The General Assembly of North Carolina do enact: 

Section 1. The board of county commissioners of any county in the State 
shall, upon the petition of the county board of education, order an election 
after thirty days' notice at the courthouse door and a publication of four 
weeks in some newspaper published in the county, to be held in any county, 
township or school district which embraces an incorporated town or city, or 
in which there is maintained a public high school, to ascertain whether the 
voters in said county, township or school district are in favor of issuing bonds 
for the purpose of building, rebuilding and repairing schoolhouses and 
furnishing the same with suitable equipment. The amount of bonds to be 
issued and the rate of interest they are to bear which shall not be more than 
6 per cent per annum, payable semi-annually, and the length of time the 
bonds are to run, which shall not be more than twenty years, and the maxi- 
mum tax that may be levied, which shall not exceed thirty cents on the one 
hundred dollars and ninety cents on the poll, shall be set forth in the petition 
of the county board of education and in the order for the election made by 
the board of county commissioners. In no case shall the bonds authorized 
under this act for an entire county exceed the sum of one hundred thousand 
dollars, nor for a township or school district the sum of twenty-five thousand 
dollars; but the bonds for a township or school district may be in addition 
to the bonds for the entire county: Provided, that upon petition of one- 
fourth of the resident freeholders in any county, township, or school district 
in which one election has previously been held and carried for a bond issue 
and tax under this act, a second election for increasing the bond issue and 
tax therefor, in said county, township, or school district for the purposes 
herein specified, not to exceed the maximum bond issue and tax herein fixed, 
shall be called and held in the manner herein prescribed for holding the first 
election. 

Sec. 2. The election for an entire county shall be held under the rules 
and regulations governing general elections as near as may be, and if for a 
township or school district, then under the rules and regulations governing 
elections in special tax districts as prescribed in section four thousand one 
hundred and fifteen of the Revisal of one thousand nine hundred and five; 
but where the election be for a county or for a township or school district 
a new registration shall be ordered. At said election those favoring the 
issuance of bonds and the levying of a special tax shall vote a ballot on which 
shall be printed the words "For Schoolhouse Bonds," and those who are 
opposed shall vote a ballot on which shall be printed the words "Against 
Schoolhouse Bonds." The expenses of holding such election shall be paid 
out of the general school fund of the county. 

Sec. 3. If a majority of the qualified voters shall vote "For Schoolhouse 
Bonds," then it shall be the duty of the county board of commissioners to 
issue bonds not exceeding the amount specified in the order of election as 



122 Public School Law of [N'orth Carolina 

the county board of education may request, and shall thereafter annually 
levy a sufficient tax not exceeding the amount specified in the order of 
election to pay the interest on said bonds and create a sinking fund sufficient 
to pay the principal and interest on said bonds when they fall due. 

Sec. 4. The said bonds when so issued shall be delivered to the county 
board of education, who shall sell the same for not less than par and hold 
the proceeds for the benefit of the county building fund if the election be for 
the entire county or for the benefit of the township or school district in which 
the election was held. The said fund shall be paid out upon the order of the 
committee or trustees of the township or school district to which the fund 
belongs, and upon order of the board of education if the fund belongs to 
the entire county. The sinking fund provided for by this act shall be in- 
vested by the county board of education in safe securities or may be deposited 
in the bank that will pay as much as four per cent per annum compounded 
quarterly, and will give a sufficient bond for the safety of such deposit. The 
funds derived from the sale of l)onds for the benefit of any school district 
having a bonded treasurer shall be deposited with said treasurer to the credit 
of such district: Provided, however, that no treasurer handling the funds 
derived from the sale of bonds voted under the provisions of this act shall 
receive any commission therefor. 

Sec. 5. That the taxes levied hereunder shall be collected by the sheriff 
or other officer charged with the collection of other taxes, and they shall in 
respect thereto be liable officially as well as personally to all requirements of 
the law now or hereafter to be prescribed for the faithful collection and 
payment of other county taxes. 

Sec. 6. This act shall be in effect from and after its ratification. 

In the General Assembly read three times and ratified this the 26th day of 
February, 1915. 

1915, c. 55; 1917, c. 142; c. 285. 



BONDS FOR SCHOOLS IN CITIES AND TOWNS 



AN ACT TO AUTHORIZE THE BOARD OF AXDERMEN OR OTHER GOV- 
ERMNG BODY OF TOWNS AND CITIES TO ISSUE, UPON APPROTAL 
BY TOTE OF THE PEOPLE, BONDS FOR PURCHASING SITES, 
ERECTING BUILDINGS, ETC^ FOR SCHOOL PURPOSES 

The General Assembly of North Carolina do enact: 

Section 1. That whenever it shall be necessary in the judgment of the 
hoard of aldermen or other duly constituted authority of any incorporated 
town or city in the State, which is in charge of its finances, to purchase 
lands or buildings or to erect additional buildings for school purposes, said 
board of aldermen or other authority is authorized and empowered to issue 
for said purposes in the name of said town or city, bonds of such amounts 
as said board of aldermen or other authority may deem necessary in such 
denominations and forms as said board of aldermen or other authority may 
determine: Provided, that the time of the payment of the principal of such 
bonds shall not be more than thirty years from the date thereof; and. Pro- 
vided further, that said bonds shall be seiial bonds, the proportionate parts 
thereof being payable annually during the term for which they are issued. 

Sec. 2. That said bonds shall bear interest at no greater rate of interest 
than six per cent per annum, payable semi-annually. In no case shall the 
bonds be sold, hypothecated or otherwise disposed of for less than their 
par value. 

Sec. 3. That said bonds shall be signed by the mayor, attested by the 
town or city clerk or treasurer, and sealed with the corporate seal of said 
town or city, and shall bear the signature of the town or city clerk and 
treasurer written, engraved or lithographed. The purchaser of said bonds 
shall not be bound to see to the application of the purchase money. Said 
bonds and their coupons shall be exempt from town or city taxation until 
after they become due, and the coupons shall be receivable in payment of 
town or city taxes. The said bonds shall be sold at either public or private 
sale with or without notice, as the said board of aldermen or other authority 
may determine. 

Sec. 4. That the board of aldermen or other proper authority of said 
towns and cities is hereby authorized to levy and collect each year, in addi- 
tion to all other taxes in said city, an ad valorem tax upon all the taxable 
property, and polls, observing the constitutional ratio, in said city, sufficient 
to pay the interest on said school bonds as the same become due, and also 
at or before the time when the principal of the said bonds become due, a 
further uniform ad valorem tax upon all taxable property and polls, observ- 
ing the constitutional ratio, in said city, sufficient to pay the same or provide 
for the payment thereof; such taxes shall be levied and collected at the sam-? 
time and in the same manner as other taxes are levied and collected upon 
property in said city: Provided, that the taxes collected under this act for the 
payment of said bonds and coupons, shall be used for no other purpose, and it 
shall be the dutv of the clerk and treasurer of said town or city, as said cou- 



124 Public School Law of ISTokth Carolina 

pons are paid off and taken up, to cancel the same and report not less than 
twice a year to the hoard of aldermen or other proper authority the numbers 
and amounts of the coupons so canceled. 

Sec. 5. That the question of the issue of said bonds shall be submitted 
to a vote of the qualified voters of each town or city at such time as the 
board of aldermen or other proper authority of the town or city shall deter- 
mine under the rules and regulations prescribed for the election of the mayor 
and members of the board of aldermen of said city; the said board of alder- 
men or other authority shall cause a notice of said election and the purpose 
of same to be published in some newspaper of said town or city for thirty 
days before said election, and the clerk of the Superior Court of the county 
in which said town or city is located shall cause to be prepared and dis- 
tributed at the various polling places in the said town or city a suflBcient 
number of printed ballots favoring the issue of said bonds and a like number 
against the same; the said board of aldermen or other authority shall cause 
to be prepared and delivered at each polling place in the said town or city 
a ballot box indicating the purpose of the bond issue to be voted therein, as 

follows, "School Bonds | " (stating the amount authorized by 

the said board of aldermen or other authority). All qualified voters wishing 
to vote in favor of the issuing of said bonds and levying the taxes herein 
provided for, shall vote a written or printed ticket with the words "For 
School Bonds," and those wishing to vote against issuing said bonds and the 
levying of the taxes herein provided for shall vote a printed or written ticket 
with the words thereon "Against School Bonds." If a majority of said 
qualified voters shall vote "For School Bonds" on the proposition submitted 
for issuing bonds for the purpose aforesaid, then it shall be deemed and held 
that the proposition receiving a majority of such qualified votes is favored 
and approved by the majority of the qualified voters of such town or city, 
and the said board of aldermen or other authority of such town or city shall 
cause to be prepared and issued for the purpose so approved of by a majority 
of the qualified voters of said town or city and levy taxes in accordance with 
the provision of this act. 

Sec. 6. That the registration for the election shall be, if the said board of 
aldermen or other authority shall so order, the same as that which is or 
may be provided for the election of the mayor or other officers of said town 
or city, or the said board of aldermen or other authority may, in their dis- 
cretion, order a new registration in the manner provided by law for new 
registration for election of said mayor and other officers, which said new 
registration may be especially for said bond election. 

Sec. 7. That this act shall apply to towns or cities which have powers 
under special acts or charters as well as to those who derive their powers 
from the general law. 

Sec. 8. That this act shall not be deemed or construed to repeal or abridge 
any powers, rights or privileges heretofore or hereafter granted by any special 
acts to any town or city, but shall be construed to grant additional powers 
where no such powers have been granted or coordinate powers where such 
powers have been already or shall be granted. 

Sec. 9. That all laws and clauses of laws in conflict with this act, except 
as hereinbefore set out, shall be and are hereby repealed. 



Public School Law of I^orth Carolina 125 

Sec. 10. That this act shall be in force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified this the 4th day of 
March, 1915. 

1915, c. 81; 1917, c. 130. 



SPECIAL-TAX SCHOOL DISTRICTS, CREDITS FOR TAX OF NON- 
RESIDENTS 

The General Assembly of North Carolina do enact: 

Section 1. That any parent or person in loco parentis residing outside 
of any special-tax district, urban or rural, chartered or otherwise, and owning 
property within said district, whose child, children or wards shall attend 
school in said distict, shall be entitled to receive as a credit on the tuition 
of said child, children or wards the amount of special school taxes paid on 
said property. 

Sec. 2. This act shall be in force from and after its ratification. 

In the General Assembly read three times and ratified this the 5th day of 
March, 1915. 

1915, c. 93. 



CONSTRUCTIONS 



OF THE 



PUBLIC SCHOOL LAWS 



NORTH CAROLINA 



STATE SUPERINTENDENT OF 
PUBLIC INSTRUCTION 



"The County Board of Education and all other school officers in the sev- 
eral counties shall obey the instructions of the State Superintendent and 
accept his constructions of the school law." (Section 4090, chapter. 89, 
Revisal of 1905.) 



STATE SUPERINTENDENT'S CONSTRUCTION OF THE COMPULSORY 

ATTENDANCE ACT OF THE GENERAL ASSEMBLY 

OF 1913, AS AMENDED 

A conservative, State-wide compulsory attendance law was passed by the 
General Assembly of 1913, requiring attendance for four months continuously 
each year of all children between the ages of eight and fourteen years, al- 
lowing reasonable exemptions and providing reasonable penalties and ade- 
quate but inexpensive machinery for its enforcement. The following 
amendment to this bill was adopted and made section 11 of the act: 

"The board of education of each county shall have power at their regular 
meeting held in July of each year and thereafter at any regular meeting to 
make such rules and regulations as they may deem best to secure the at- 
tendance of all children between the ages of eight and fourteen years upon 
schools of the county, and such rules and regulations, when approved by the 
county superintendent of public instruction, and posted at the courthouse 
door and at the door of each public schoolhouse in the county, shall super- 
sede any provisions of this act in conflict therewith." 

On account of a natural misconstruction by the press of the State in its 
reports of the meaning and effect of this amendment there is a widespread 
but erroneous opinion that any county board of education can, at its pleasure, 
set aside and practically nullify this act. In my opinion, the amendment 
does not by any means nullify the act. It is still obligatory upon every 
county to provide for compulsory attendance; in fact, the amendment itself 
states its purpose to be "to secure the attendance of all children between the 
ages of eight and fourteen years upon the schools of the county." No county 
board of education, therefore, is authorized to adopt any rules and regula- 
tions different from the provisions of the act that will not secure such at- 
tendance. This amendment, which is made section 11 of the act, must be 
construed with the other sections of the act, so that all may stand to- 
gether, if possible, and so as to accomplish its clearly stated purpose of 
securing the attendance of all children between the ages of eight and four- 
teen years upon the schools of the county. In my opinion, therefore, it is 
clearly an enabling instead of a disabling section of the act applicable only to 
the machinery for the enforcement of the law for securing compulsory at- 
tendance, allowing discretion in the modification of this machinery so as to 
meet the different conditions in different counties, but conferring no power 
upon the county board to revoke or annul the general and fundamental pro- 
visions of the law as set forth in the first four sections thereof, or to defeat 
the purpose of the law as clearly set forth therein and reaffirmed and empha- 
sized in the amendment itself, "to secure the attendance of all children be- 
tween the ages of eight and fourteen years upon the schools of the county." 

If the purpose and effect of this amendment should be construed to be to 
authorize county boards of education by passing rules and regulations to 
annul a law passed by the General Assembly, and in effect to enact another 
law in lieu thereof, then the amendment would de facto confer legislative 
power upon the county board of education, and woul^, therefore, be clearly 



130 Public School Law of J^orth Carolina 

unconstitutional. It would seem to be clear that the amendment was in- 
tended not to destroy the law, but to give flexibility to its administration. 
This is my construction of this law. In this construction the Attorney- 
General concurs. Under section 4090 of the Revisal of 1905 all school 
ofllcers in the various counties are required to accept the State Superin- 
tendent's construction of the School Law; therefore, this construction of the 
compulsory attendance law will hold until overruled by the courts of North 
Carolina. 

The purpose of the whole act to secure attendance of all children between 
the ages of eight and fourteen years upon the public schools is so clear, and 
the provisions of the compulsory attendance law are so moderate, reasonable, 
and conservative that I earnestly hope and believe that most of the county 
boards of education will find it unnecessary and undesirable to make any 
material changes in them, and will cooperate heartily in the enforcement of 
the law practically unchanged. 

Section 3 of the omnibus bill of 1915 provides also that any county board 
of education, or any board of trustees of a town or city of more than two 
thousand inhabitants, may in its discretion raise the age limit to thirteen 
or fourteen years. 

(Compulsory age limit has been raised from twelve to fourteen years.) 

1. The State Superintendent Has No Authority to allow a parent or guard- 
ian to teach a child at home in lieu of sending such child to school for four 
months in the year, according to the compulsory school law. (September 
8, 1913.) 

2. County Board of Education has the right to allow attendance officer 
reasonable compensation to cover extra cost of prosecution under compul- 
sory school law. (December 23, 1913.) 

4. Attendance Officer may serve notices by mail on parents as to the 
absence of children from school. (See amendment compulsory school law, 
1915.) (April 12, 1915.) 

5. Member of District Committee may be appointed attendance officer. 
(July 31, 1913.) 

6. Refusal of Parent to have child vaccinated in accordance with orders of 
Board of Health does not excuse the withdrawal of the child from school 
during compulsory period. (November 25, 1913.) 

7. A Pupil May Not "work off" the required four months of compulsory 
school attendance at any time except that prescribed by the county board of 
education. (November 4, 1913.) 

8. Where Transportation is Provided for children beyond the two-and-a- 
half-mile limit, the compulsory law should be made to apply. (December 
14, 1914.) 

9. Attendance Under the Compulsory Law must begin with compulsory 
period nearest eighth birthday of child and last four full terms of four 
months each. If a child becomes twelve years of age during a compulsory 
period, he must continue in school until the end of the compulsory period. 
The law does not recognize attendance for less than four months. (October 
24, 1913.) 



Public School Law of I^orth Carolina 131 

Under the amendment of 1917, compulsory period continues six full terms, 
and the child becoming fourteen years of age during the period must continue 
until end of compulsory attendance. 

10. The Expense of Transportation of attendance officer cannot be taxed 
as part of costs in suit under compulsory act. Must be provided for under 
section 5 of compulsory law. (December 23, 1913.), 

11. Private School Teachers must keep such records and make such re- 
ports of attendance of children under their instruction as will furnish satis- 
factory evidence that children of compulsory age are receiving satisfactory 
instruction and are attending regularly during the compulsory period. 
(November 12, 1913.) 

12. Notice of Absence of Cliild of Compulsory Attendance Age. — 
Notice by school committeeman, unless he was also appointed as at- 
tendance officer, would not be sufficient notice under the compulsory attend- 
ance law. The fact that such committeeman had in his possession notices 
that are distributed by the State Department of Education to county super- 
intendents would not be sufficient to constitute him a de facto officer under 
the law. The fact that a school committeeman is appointed attendance offi- 
cer must appear in the minutes of the county board of education in order for 
him to have proper authority to serve as attendance officer. (April 12, 
1915.) 



DUTIES AND POWERS OF THE COUNTY BOARD OF EDUCATION 

1. Selecting a Connty Superintendent. — The board has no more important 
duty than this, of electing a county superintendent. I beg to urge the ob- 
servance of the following in the selection of a county superintendent: 
(1) Without fear, without prejudice, political or sectarian, having before your 
eyes only the welfare of the children and the success of the public schools, 
select the most competent man to be had for the money, choosing him from 
your county if such a man is to be found there, and if not to be found in the 
county, seeking him wherever he can be found, as the law permits. (2) If 
your present county superintendent possesses the necessary qualifications 
for a successful administration of his delicate, difficult, and important duties, 
as I trust he may, reelect him and give him a chance to show what is in 
him and to make a greater success of his work, by paying him, if possible, 
a sufficient salary, under section 4144, to justify him in giving all his time 
and thought to the work of supervision, and to justify you in requiring him 
to do this. (3) Take advantage of the law and pay your superintendent as 
large a salary as your school fund will justify, but be sure that you get 
more man and more time for more money. The county superintend enV s 
office is the most important office in the county. He need not te a resident 
of the county when elected. If possible, he should be paid large enough 
salary to enable him to devote all his time to his work. 

2. School Term Should be Continuous. — The purpose of section 4123 is to 
prevent the division of the school term into two, as was so often done form- 
erly, to the detriment of the school. It simply means that the school term 
must not be divided and taught during different seasons of the year, unless 

9 



132 Public School Law of !N"orth Carolina 

some epidemic or other providential cause interferes with the regular term^ 
The county board must exercise this control if it would carry out the pro- 
visions of section JfllG. 

3. County Board and Superintendent May Make Regulations to Secure 
Regular and Prompt Attendance of Pupils and Teachers. — Under the pro- 
visions of section 4122 the county board and the county superintendent may 
make and enforce such attendance regulations as may be necessary to secure 
regular and prompt attendance on the part of the children. The same au- 
thority may also regulate the attendance of teachers on all meetings which 
may be thought to promote educational progress. 

4. Mandamus Proceedings Against Commissioners Refusing to Leyy Tax.— 
When the county board of education has estimated the amount of money 
additional it will take to run the schools of the county four months and has 
requested the county commissioners to levy an additional tax suflScient to 
supply the deficit, the commissioners, having no discretion in the matter, are 
compelled to make the additional levy. If they refuse to do so, the board of 
education should bring a mandamus proceeding to compel the county com- 
missioners to levy the tax, as directed in section 8, of chapter 33 of Public Laws 
of 1913. The judge of the Superior Court hearing the same shall find the 
facts as to the amount needed and the amount available from all sources, 
which finding shall be conclusive, and shall give judgment requiring the 
county commissioners to levy the sum which he shall find necessary for four 
months. (August 16, 1909.) 

5. Expense of County Board in Maintaining Its Authority Authorized. — 
Any reasonable expense, including attorney's fees, incurred by the county 
board of education in maintaining its authority and in executing the school 
law is authorized by section 4125. The county board, however, sits as a 
court, and I do not think it would be justified in employing counsel to 
maintain a position taken by one faction in a district against another faction 
of the people. The position of the board is and ought always to be a 
judicial one; but after the board has taken a position upon any question, or 
has made a ruling, then it would be both lawful and proper for it to employ 
necessary counsel to sustain it. (April 2, 1909.) 

6. Lease of School Property by County Board. — The county board of edu-. 
cation has no authority to lease a part of the school building to secret order, 
or for other purposes, for a period of time extending beyond its term of 
office. (January 15, 1910.) 

7. School Sites; Power of County Board to Fix, Not Limited. — The power 
of the county board of education to fix a school site in any school district, 
local tax or nonlocal tax, is not limited. (January 17, 1911.) 

8. County Board May Offer Reward for Arrest. — The county board of edu- 
cation has the authority, under the general provisions outlined in section 
4121 of the Revisal, to offer a reasonable reward for the apprehension and 
conviction of the parties who burn a public schoolhouse. (April 12, 1911.) 

9. Member of County Board May be Allowed Compensation for Services as 
Acting Superintendent. — In case of a vacancy in the office of county super- 
intendent, pending a bona fide effort to fill the vacancy, a member of the 
county board acting as county superintendent may receive compensation 
for this service. (June 27, 1911.) 



Public School Law of I^okth Carolina 133 

10. Retiring Member of Board of Edncation Has No Toiee in Selecting 
Superintendent. — A retiring member of the county board of education whose 
term of office expires on the day the county board is to select a county 
superintendent for the next two years has no voice in the selection of said 
superintendent. The superintendent should not be chosen until the incoming 
new member of the board has qualified and has taken his place as a member 
of board. (July, 1911.) 

11. The Connty Board of Education has the right to review the decisions 
of school committees in all cases where controversy arises, and the decision 
of the county board is binding on all parties until reviewed by the courts. 
(March 26, 1913.) 

12. Districts May Tbe Abolislied or Consolidated by county board of educa- 
tion, but provision must be made for each child of school age to attend 
some school free of tuition. (October 16, 1914.) 

13. Children May be Transferred by county board of education from a 
nonlocal-tax district to a local-tax district for the regular school term, 
provided the consent of committee in local-tax district is given. If such 
children attend longer than the term provided by the county and State taxes, 
however, the local committee have a right to charge a reasonable tuition. 
(October 20, 1914.) 

14. County Board of Education Cannot Compel committee in a local-tax 
district to admit children from outside the local-tax district free of tuition. 
(October 7, 1913.) 

15. If School is Closed in a special-tax district before all the special-tax 
funds are used the amount remaining must be left in the hands of the treas- 
urer to the credit of the local committee, and be used by them for teachers' 
salaries at the succeeding term or terms of the school. (January 18, 1915.) 

16. The Closing of a School for Xonattendance. — Section 4164 places the 
closing of a school for nonattendance absolutely in the hands of the county 
board of education upon recommendation of the county superintendent. If 
the attendance runs below one-fifth of the school attendance, and as low 
as not more than six to ten children in daily attendance, good judgment and 
economy would suggest the advisability of putting parents and teachers on 
notice that, unless they can secure a sufficient attendance to justify the con- 
tinuance of the school, it will be closed. (March 27, 1915.) 

17. The Borrowing of Money by county board of education for the payment 
of teachers' salaries as specifically authorized and directed in section 4164 of 
the Public School Law, and the board should exercise the privilege thus 
granted in securing funds for the prompt payment of teachers' salaries 
monthly if the funds cannot be secured otherwise. 

18. Duty of the County Board of Education to Pay Teachers' Salaries 
Promptly.— Under section 4164 of the Public School Law, it is the duty of 
the county board of education to borrow the money for the payment of 
teachers' salaries, if found necessary to do so before the taxes have been 
collected and turned over to the treasurer. The bank from which the money 
is borrowed on the note of the county board of education, under the agree- 
ment, has the right to hold for its own protection and the protection of the 
county board teachers' vouchers paid as collateral security in payment of 
the note until the money is in the hands of the treasurer from the payment 



134 Public School Law of I^orth Carolina 

of the taxes for the settlement of the note, or for partial payments on the 
note from time to time, which could be paid in and credited on the note 
as paid in. When the money from taxes collected is in the hands of the 
treasurer, and he turns it over to the bank and takes up the note, or any 
parts thereof, if paid at different times, the bank shall then turn over to 
the treasurer the teachers' vouchers, and the treasurer will then be entitled 
to his commissions on such part or all of the amount borrowed as he may 
have paid, and for which the bank turned over to him the teachers' vouchers 
as vouchers in his hands for the amount paid to the bank. This item, if 
outstanding on the first of July, will have to be reported as money borrowed 
for the payment of teachers' salaries, under section 4164, both by the treas- 
urer and the county superintendent, for the board of education on the finan- 
cial report of each. (July 24, 1916.) 

19. Appropriation for Buildings in graded school districts and in cities 
and towns should be made by the county board of education on exactly the 
same basis as for other school districts. The county and the school district 
are the only school units recognized under the law, and the fact that a dis- 
trict has a special charter should not operate to exclude that district from 
an equitable share in the county building fund. (February 21, 1913.) 

(a) Public School Funds may not be appropriated by county board of 
education for special privileges at a private library. (See section 4116.) 
(January 15, 1915.) 

(b) Public School Funds may not be used for employing health officer 
until six months term is reached in every district. (June 23, 1913.) 

(c) Public School Funds may not be used to purchase automobile for use 
of county superintendent. (June 14, 1913.) 

20. Member of County Board of Education May Not Vote by Proxy.— There 
is no provision in the law by which a member of the county board of edu- 
cation may leave his proxy or power of attorney with another member of 
the board to vote for him during his absence from the State. (March 28, 
1917.) 

21. Meetings of County Boards of Education.— Under section 4133 of the 
Public School Law the county board of education is authorized and directed 
to hold meetings on the first Monday in January, April, July, and October. 
Each of these meetings may continue in session two days, if necessary. The 
board may have called meetings of one day each as often as once a month, 
if the school business of the county require it, This would authorize one 
called meeting for each month of the year, if found necessary. The called 
meetings, therefore, could not exceed one each for each of the twelve months 
during the year, and could not exceed one in any month. (July 25, 1916.) 

22. Compensation of a Member of County Board of Education for Special 
Seryices. — A member of the county board of education, by order of the 
county board, may be paid, in addition to actual expenses, a per diem not 
to exceed the regular per diem of a member of the board, for extra service, 
ordered by the county board of education, as the representative of the county 
board in connection with the work that the law places under the control of 
the county board and makes the county board responsible for which the 
county superintendent, as the representative and the agent of the board. 



Public School Law of I^^orth Carolina 135 

cannot attend to. In cases of this sort an extra service calling for extra 
compensation by members of the county board of education, ordered by the 
board, should not be ordered except in cases of emergency which the county 
superintendent cannot look after and in which the interest of the schools 
would materially suffer without such extra service of the members of a 
committee of the board. Such extra service and compensation by members 
of the board are always subject to criticism and sometimes to abuse, and 
should be avoided as far as possible. (July 25, 1916.) 



U 
THE COUNTY SUPERINTENDENT 

1. Office Expense for County Superintendent; County Board Must Pro- 
vide for. — Section 4139 of the Public School Law requires the county board 
of education to provide the county superintendent with an oflSce at the 
ccunty seat. I do not think there can be any doubt as to the meaning of 
these words. Evidently an office without heat would be an unheard-of 
thing; therefore, I am sure that fuel should be included, also necessary fur- 
niture and office supplies. 

2. Weekly and Monthly Reports. The law fully authorizes the county su- 
perintendent to require such reports from teachers in charge of public 
schools as to him seem advisable. Voucher for teacher's salary should not 
be approved at the end of the month till the monthly report has been received. 
The same rule should be adopted with reference to final reports. 

3. May a County Superintendent Teach? — For good and sufficient reasons, 
a county superintendent will be permitted to teach during the year, provided 
satisfactory arrangements be made for visiting the schools while in session 
and otherwise obeying the law. Whatsoever arrangements are made should 
be submitted to the State Superintendent and the State Board of Education 
for approval. But it is best, wherever possible, for the superintendent to 
give his undivided time to the supervision of the schools in his county. 

4. The Professional Qualifications for County Superintendent made by 
section 4135, so far as they refer to experience, mean actual teaching or 
actual supervision of schools. The chairman of the county board of educa- 
tion could not be considered as a supervisor of schools within the meaning 
of this act. (November 23, 1914.) 

Ill 

DUTIES AND POWERS OF SCHOOL COIVIMITTEEMEN AND TRUSTEES 

1. Removal of Committeemen from Office. — Under section 4126 of the 
Public School Law the county superintendent, when charges are made 
against committeemen, should report such charges to the county board of 
education, which board should then formulate the charges and give in writ- 
ing at least ten days notice to the committeemen of the charges preferred 
against them. This notice should be served by the proper officer, as directed 
by section 4127 of the Public School Law, unless the committeemen accept 
service in a different manner. The county board should appoint a day for 



136 Public School Law of [N'orth Carolina 

the hearing of the charges and thoroughly investigate them, giving the 
accused committeemen an opportunity to he heard and to offer evidence. 
After such hearing the board should decide whether the committeemen 
should be removed or not. A complete record of the entire proceedings 
should be entered on the minutes of the board. 

2. Trusteeship an Office of Trust, — Under the language of the Constitution 
and the decisions of our courts, I am constrained to believe that a trustee 
or committeeman of a school should be regarded as holding an office of 
trust. (May 3, 1909.) Under section 1 of chapter 170 of tlie Laws of 1913, 
Women on School Boards, these positions are declared 'to be places of profit 
or trust and not offices in this State. 

3. Retiring Trustees Have IVo Toice in Clioosing Their Snceessors. — In the 
election of new members of a board of trustees of a graded school the 
retiring members should have no voice in the election of their successors. 
(May 18, 1909.) 

4. Voucher for More Money Than is to the Credit of the District. — The law 
forbids the signing of a teacher's voucher for more money than the district 
has to its credit. Section 4150. 

5. Trustee or Committeeman Cannot Hold Other Public Office. — "A public 
office is an agency for the State, and the person whose duty it is to perform 
the agency is a public officer." The first question asked is. Can a party who 
is school trustee and committeeman, without pay or profit, hold, at the 
same time, the position of county commissioner? I do not think so. 

In the case of Barnhill v. Thompson, 122 N. C, 493, it is held that the 
board of county commissioners and the county board of education each con- 
stitute an office, and what is said there in regard to the county board of 
education, I think, applies with equal force to school trustees or school com- 
mitteemen. The fact that no salary was received in one of the places makes 
no difference. Welker v. Bledsoe, 68 N. C, 457. 

Second: Can one person be, at the same time, clerk of the Superior Court 
and a member of a school committee? I do not think he can. A clerk of 
the court is clearly an officer within the meaning of the Constitution, Article 
XIV, section 7. See White v. Murray, 126 N. C., 156. 

Third: Can a man hold, at the same time, the position of school commit- 
teeman and be a trustee for the Institution for the Feeble-minded? I think 
these positions are incompatible. In the case of Welker v. Bledsoe, supra. 
Chief Justice Pearson says: "The duty of acting for and in behalf of the 
State constitutes an office. According to this principle, the trustees of the 
University, the directors of the Penitentiary, of the lunatic asylum, and of 
the Institution for the Deaf, Dumb, and Blind are public officers. This is put 
beyond doubt by the Constitution, Article XIV, section 7." (April 18, 1911.) 

6. Pupils May Not be Debarred from public schools by committee on ac- 
count of previous immoral conduct, provided the conduct of such pupils 
at present is not such as to be detrimental to other pupils. (September 18, 
1913; December 19, 1914.) 

7. Committee May Dismiss Teacher who has tuberculosis or other disease 
which might be damaging to pupils. (December 26, 1913.) 

8. Committeemen Cannot Contract with Teacher for a longer term than 



L 



Public School Law of I^orth Carolina 137 

the public money will provide; and any contract made for a longer term 
than can be provided by the public money of the district is not binding on 
the committee. (January 7, 1914.) 

9. Committeemen for Special-tax Districts. — Section 4115 of the Public 
School Law directs the county board of education to appoint a committee for 
special-tax districts voted under that section, and I have always ruled that 
such a committee should be appointed and that their authority in that dis- 
trict supersedes the authority of the township committee. I think there can 
be no doubt about this. (June 14, 1915.) 

10. A 3Ian Who is Not Eligible to Tote May Serve as School Committee- 
man. — The position of school committeeman or member of the board of 
trustees of educational institutions is declared to be a place of profit or 
trust, and not an office, and, therefore, a man is eligible to serve as a school 
committeeman who has not been in the State two years and is not a voter. 
These are requisite for holding office, but not for holding a place of profit 
or trust that is declared by statute not to be an office. (September 25, 
1916.) 

11. Acts of a School Committeeman Whose Term is About to Expire, Legal. 
Under section 4145 of the Public School Law, which expressly states that 
a committeeman shall serve until his successor is elected and qualified, any 
action of the committeeman in the meantime as school committeeman would 
be legal. The employment of a teacher and the contract with her, however, 
would not be legal unless the requirements of section 4161 of the Public 
School Law were complied with. (August 31, 1916.) 



IV 
DUTIES, PEIVILEGES, AND QUALIFICATIONS OF TEACHERS 

1. College Diploma No Exemption From Examination. — Section 4163 of the 
Public School Law abolishes all exemptions from examination heretofore 
conferred by certain diplomas. Every applicant for certificate must be 
examined by the county superintendent and hold a certificate from him or 
from the State Board of Examiners before contracting to teach in any public 
school. 

2. Road Duty; Teacher Not Exempt.— Under section 2725 of the Revisal 
of 1905 no one of road age is now exempt from the provisions of the road 
law, except by special statute of the General Assembly or by special action 
of the road supervisors. 

3. Compensation for Substitute Teacher.— The question of allowing com- 
pensation for a substitute teacher during the illness of the regular teacher 
is one that appeals to the sense of justice. If the compensation is allowed, 
order for the same would have to be made in behalf of the regular teacher, 
who would then pay the substitute teacher himself. The committee would 
have no legal right to sign a voucher for the payment of the salary of any 
teacher who did not hold a teacher's certificate. Of course, the substitute 
teacher should be acceptable to the committee. 

4. Teacher Has Right to Make and to Enforce Rules for Discipline in 
Schools. — Under section 4166 a teacher in a county school has the right to 



138 Public School Law of ISTorth Caeolina 

make and enforce reasonable rules for the maintenance of such discipline as 
may seem proper to the teacher. Appeal from these rules may be made to 
the county board of education, who, for sufficient cause, may rescind the 
rules. 

5. Teachers' Rights Oyer Pupils on Way to and from School. — The teacher 
has a right to make reasonable rules governing the conduct of pupils on the 
way to and from school, and to enforce same. (April 2, 1912.) 

6. Contract With Teaclier Binding; Wlien Not. — Contract with teacher is 
binding in case schoolhouse burns and can be easily subsittuted for by 
renting or otherwise. But if suitable place to teach cannot be secured, 
committee is not bound. (June 9, 1911.) 

7. Salary of Second Grade Teacher Cannot Exceed $35. — Under section 4163 
a committee in a special-tax district is not authorized to employ second grade 
teacher for more than $35, (July, 1912.) 

8. Thanksgiving Day a Legal Holiday. — Thanksgiving Day is a legal holi- 
day and should be counted as a day in the school month. It would be both 
unlawful and impious to charge up the Day of Thanks against the teachers 
of the State, (December 4, 1909.) 

9. Holidays. — It has been our ruling that Thanksgiving Day should be 
observed as holiday in the public schools, and that the teachers as well as 
the pupils must be given that day. The observance of other holidays is 
largely a matter of regulation by the county board of education and the 
school committee. With our short school term, especially in the rural 
schools, I should not advise the observance of other holidays — like Washing- 
ton's birthday — except by special exercises of a patriotic nature in the 
schools. If other holidays are taken, except under extraordinary circum- 
stances, the teacher should, in my opinion, be required to make up the time 
at the end of the term. (March 21, 1917.) 

10. What Constitutes a School Day? — I presume that in construing the law 
fixing a school day at not less than six hours nor more than seven hours the 
committee v/ould have to use the same common sense that they would use 
in othe: business. A literal construction of the law would, I presume, re- 
quire at least six hours of school work, A reasonable construction would 
probably allow short recesses to be taken out of this time, as the teacher is 
compelled to remain and have supervision of the children during recesses. 
If the amount of time taken for recess is excessive, of course, it should not 
be included in the six hours. You can easily understand how, if the teacher 
was allowed to count all recesses and to give as much time for recesses as 
he chose, the number of hours of work might be too greatly reduced. 
Whether the law ought to be construed to require six hours of actual school 
work would depend, I think, to some extent, upon the season of the year and 
the distance that the children living farthest from the school had to walk. 
For example, in many places it would be difficult in the winter to begin 
earlier than 9 a. m, or to close later than 4 p. m. This would give six hours 
of work, with an intermission of an hour for dinner, but would not include 
any short recesses between times, which are usually desirable, and which, 
I think, ought to be included in the six hours. 

The trustees of a school operated under special charter may, in conjunc- 
;tion with teachers, make such regulations as they deem wise. 



Public School Law of ISTorth Carolina 139 

11. Criminal Cliarges Against Teachers. — The committee should refuse to 
sign the voucher of a teacher who falsified in his report as to the number 
of days he taught, and should report the facts to the county board of educa- 
tion, giving their reasons for refusing to sign. Then, under section 4127, 
the county board of education could investigate the matter, after written 
notice of ten days as therein provided, and, if the charges be sustained, 
could debar the teacher from teaching and cancel his certificate. 

12. Teacher Cannot Expect Reimbursement from School Fund for Stolen 
Property; Cannot Sue Board for Such Loss. — School authorities should not 
be held responsible for personal property of teacher while in the employ of 
school, even if property is stolen from public schoolhouse. Trustees can 
make allowance to teacher for such stolen property if they think proper, but 
the school fund is not liable in damages for amount by suit. The county 
board of education is a corporation conducting part of the functions of the 
State Government, and suit cannot be brought against it in the absence of a 
statute so providing. (July 3, 1911.) 

13. High School Principal Cannot Serve as Member of County Board. — 
Under section 4119 a principal of a public high school cannot serve as a 
member of the county board of education. (July 3, 1912.) 

14. (a) Teacher May Require pupil to study subjects prescribed by law, 
and if parent objects to the child's taking the prescribed course the teacher 
may dismiss the pupil from school. (November 13, 1912.) 

(b) Teacher May Require children to sweep the school room and perform 
other similar duties where there are no funds provided for janitor service. 
(September 20, 1913.) 

(c) Compensation for Time School is Stopped on Account of Providential 
Hindrance. — A teacher may not legally draw salary for the time school is 
stopped on account of providential hindrance. Man cannot be held respon- 
sible for the act of God. (April 13, 1916.) 

15. Salary of Teachers in Special-tax District. — Special-tax funds may be 
used for the improvement of the special-tax school, such as supplementing 
the salary of first grade teachers, in order to get better teachers, improving 
the schoolhouse grounds and equipment, all of which are purposes for which 
school funds can be legally used, under the Public School Law, and the 
recommendations of the special-tax committee unless unreasonable, should 
be approved by the county board of education and the county superintendent. 
In this matter of improving the school of a special-tax district the main 
purpose and the main inducement for supplementing the State and county 
apportionment by local taxation is to improve the district school, not only by 
extending the term, but by improving the equipment and securing the best 
teachers possible. (January 31, 1916.) 

V 

RIGHTS AND OBLIGATIONS OF PATRONS AND PUPILS 

1. Rights of Bona Fide Citizens to Patronize School.— Any person moving 
into a graded school district and becoming a bona fide citizen has a consti- 
tutional right to send his children of school age to the public graded school 
of such district without paying tuition, from the time that he becomes a 
bona fide citizen of that district. 



140 Public School Law of I^orth Carolina 

2. Bona Fide Residents Entitled to School Facilities. — When a person 
moves to a town for the purpose of making his home there, he at once be- 
comes a l)ona fide resident, and, therefore, has a right to send his children to 
the local public school. But, on the other hand, if he moves to town just for 
a few months in order to get the benefit of the graded school, then he should 
not be regarded as a resident, and, therefore, would not be entitled to send his 
children to the graded school without the payment of tuition. I am of the 
opinion that an order made by the school board that for one to be entitled 
to send his children to school he must have been a bona fide resident of the 
town or district for twelve months is an ultra vires act on the part of the 
authorities. This would be in violation of the Constitution providing that 
all children have an opportunity to go to school four months each year. 
(January 8, 1910.) 

3. Patrons of School District Defined. — The patrons of a public school 
district are those living in the district who have children or stand in loco 
parentis to children within the school age. (August 5, 1909.) 

4. Admission of Pupils Cannot be Refused Because of Overcrowded Condi- 
tions. — Graded school trustees or committees have no legal right to refuse, 
for the reason that the grades are overcrowded, to admit pupils who are of 
school age and residents of the district. (January 22, 1910.) 

5. Pupils Over Twenty-one Tears of Age May Attend School Upon Pay- 
ment of Tuition. — Section 4151 of the Public School Law provides that tuition 
in the public schools shall be free to all children between the ages of six and 
twenty-one, and also gives authority to the school committee to admit as pay 
students persons over twenty-one years of age. The tuition charges for such 
pupils must be fixed by the committee and the proceeds turned over to the 
county treasurer, to be used as a part of the public school funds of the dis- 
trict. (April 16, 1906.) 

6. Children of Orphanage Have No Legal Right to Attend Public School 
Free of Tuition. — Question: Whether or not the children of an orphanage 
located within the corporate limits of a town have a legal right to attend 
the public school of the district without tuition. They have not. (January 
19, 1911.) 

7. Children of Orphanage Should Not be Included in Census. — Children 
who are inmates of an orphanage situated within the borders of a graded 
school district should not be included in the census of pupils who may be 
expected to attend said graded schools. (July 2, 1912.) 

8. Public Schools for Indians; County Board Must Provide.— It is the duty 
of the county board of education to provide public school facilities for the 
Indian children of the county in which such children may reside. The 
Indian children shuld be treated as white and negro children in the appor- 
tionment of the school funds of the county, and separate schools, under the 
law, must be provided for them, if they are taxpayers and the Federal Gov- 
ernment has provided no school or inadequate school facilities for them. 

9. A Pupil is Not Exempt from road duty if he is a resident of the district. 
If a nonresident, he is exempt. (November 12, 1913.) 

10. Pupils May Not be Required by teacher to make up work on Saturdays 
which was missed on regular school days. (October 26, 1914.) 



Public School Law of [N'orth Cabolina 141 

11. High School Students from outside the county should be charged 
reasonable tuition rates for attendance upon State high school. (September 
10, 1914.) 

12. Studies for High School Pupils. — The course of study for public high 
schools is prescribed by the State Superintendent of Public Instruction. It 
is given in detail in the bulletin issued by the office of the Superintendent 
of Public Instruction. Students of the high schools are required to pursue 
this course, unless they offer to the teacher .and the high school committee 
valid excuse for deviation from it. Pupils desiring to be excused from taking 
this course would, of course, have the right of appeal from the action of the 
teacher and the high school committee to the county board of education. 
It is the duty of the teacher and of the school committee to enforce the 
course of study as prescribed, unless the best reasons can be offered by 
the student for being excused from any part of it. It would be a dangerous 
precedent to excuse the pupils from any part of the prescribed course for 
flimsy and insufficient excuses, and would, of course, result in throwing the 
course of study into chaos, (January 14, 1916.) 

13. Corporal Punishment of Pupils by Teachers. — Teachers stand in loco 
parentis and are clothed with certainly a reasonable authority for cor- 
recting the pupils placed under their charge. A moderate degree of cor- 
poral punishment can be inflicted without violation of the law, if it be done 
so as not to inflict permanent injury, or without any malicious or evil pur- 
pose on the part of the teacher. This question was decided very early in our 
State by our Supreme Court, 19 N, C. Report, page 365, in the case of 
State V. Pendergrast, in which Judge Gaston laid down the rule which seems 
to have been consistently followed by our courts up to the present time. 
(March 21, 1917.) 

VI 

SCHOOL DISTEICTS AND DISTRICT FUNDS 

(a) Regular. 

(b) Special-Tax Districts. 

(c) City and Graded School Districts Under Special Charter. 

(d) Bonds. 

(a) 

1. Fixing Boundaries of Districts Left to Discretion of County Board.— 

County board of education has authority, under section 4129, to divide the 
townships and the county into convenient school districts. The formation 
and consolidation of districts are placed in the discretion of this board. The 
Attorney-General advises me that in the case of Howell v. Howell, in Hay- 
wood County, the Supreme Court of North Carolina holds that the laying off 
of school districts and the fixing of their boundaries is in the discretion of 
the county board of education, and no appeal therefrom lies to the courts. It 
is, of course, however, a discretion that should not be exercised arbitrarily, 
and I feel sure that the county board of education will, as directed in section 
4129, always consult the convenience and necessities of the people in fixing 
the boundaries of the districts, and will give a full hearing to both sides 
before determining the matter. (June 6, 1910.) 



142 Public School Law of ITokth Carolina 

2. Three-mile Limit; When it Does Not Apply.— The three-mile limit does 
not apply to new and old houses in consolidated district, when old houses 
are to be abandoned. (June 6, 1911.) 

3. Change in County Lines Does Not Interfere With Unused Preyious Ap- 
portionments. — Last year the board of education of Cumberland County 
apportioned to Montrose School District, No. 2, funds sufficient to carry on 
a four months school. It seems that there was no building in District 
No. 2, and that certain patrons of the school agreed to furnish a house in 
which the school could be carried on. There was some delay, but the build- 
ing has been completed at an expense of some four or five hundred dollars. 
The question has now arisen as to whether or not the money set apart 
to this school should be used for conducting it, inasmuch as the district will 
be in the territory cut off from Cumberland to make a part of Hoke County. 
Upon the facts stated I am clearly of the opinion that the children in this 
District No. 2 are entitled to the money set apart by the board of educa- 
tion for their use and benefit. The children of that district are entitled to 
their own, independent of the shifting of county lines. (March 10, 1911.) 

(b) 

4. Boundaries of Local-tax Districts, How Changed. — County board of 
education has no authority to take territory from a local-tax district formed 
by special charter and transfer to another local-tax district. It can change 
boundary lines between local-tax districts formed under section 4115, but 
not between one formed under that section and another formed by special 
act. (September 12, 1911.) 

5. Boundaries of Local-tax Districts Cannot he Changed so as to Reduce 
District After Election is Called. — After an election for a local tax has been 
duly called the county board of education has no authority to reduce the 
size of the district by making changes in the notices already posted, cutting 
out certain territory. If the election is regularly called and regularly held, 
the tax should be levied on the original district. (December 18, 1911.) 

6. Contiguous Territory Defined. — "Contiguous territory" in section 4115 
refers to territory adjoining, but not lying within, a special-tax district. 
(September 12, 1911.) 

7. Special-tax District; Commissioners Cannot Leyy More Than Maxi- 
mum Rate; Cannot Reduce Amount to be Voted on After Notice of Election. — 
The commissioners of a county can never levy more than the maximum 
amount of taxes voted for by the people in a special-tax district. But if the 
maximum amount should be found to be more than the district required, 
then, upon recommendation of the county board of education, it would be 
lawful for the commissioners to levy less than the maximum amount voted 
for. As to the question of reducing the amount of taxes to be voted on 
after the call and notice of election, I beg to advise that such a reduction 
would be equivalent to ordering a new election, and the same notice would 
have to be given after the reduction as if no notice had been issued at all. 
(April 23, 1910.) 

8. Taxation in Local-tax Districts; Commissioners Cannot Change Rate of. 
The board of county commissioners cannot legally change the rate of taxa- 



Public School Law of N'orth Carolina 143 

tion in a special-tax district after the tax has been duly voted according to 
law, in cases where the order for the election specifies the rate and due 
publication of the notice has been given. (February 1, 1909.) 

9. Tax List in Special District; Expense of Making Borne by County 
Commissioners. — Under section 4115 it is the duty of the county commis- 
sioners to pay all expenses incident to levying and collecting the tax in a 
special district. (November 23, 1909.) 

10. The School Fund is not liable for any part of the expense of listing 
the taxes in special-tax districts. Special-tax funds, however, levied and 
collected under section 4115, are liable for commissions of all legally com- 
missioned officers who collect and disburse such fund. (March 11, 1915.) 

11. Control of Special-tax Funds in Hands of Committee. — After the 
establishment of a special-tax district and the appointment of the committee 
for that district, the employment of the teacher and the control of the 
special-tax fund is vested in the committee of the district. 

12. Township High School Tax.— Under section 4113 of the Public School 
Law a township high school tax can be voted, irrespective of the boundaries 
of any special-tax districts that may be included within the township boun- 
daries. 

13. A Part of Local-tax Fund for High Schools. — A part of the local-tax 
fund raised under section 4115 may be specifically set apart for high school 
instruction, after sufficient reservation has been made for the elementary 
grades, although the tax may not have been voted particularly for high 
school purposes. 

14. When Special-tax Levy May be Made by County Commissioners. — If a 
special-tax election is held and carried before the levy is actually made by 
the county commissioners, the levy of the special-tax will be legal. If, 
however, the election is not carried until after the tax levy has been made 
by the commissioners for any particular year, it cannot be legally made 
for that year, after the date that is set by law for making the levy. A special- 
tax levy shall be made at the same time and in the same manner as other 
taxes under the law. (June 23, 1916.) 

15. Petition for Special-tax Election under section 4115 must be approved 
by the county board of education in session at a regular or a called meeting. 
(March 2, 1917.) 

16. Freeholder Defined. — One who is not a qualified voter cannot be counted 
as a freeholder within the meaning of the law. (July 25, 1916.) 

(c) 

17. Special-tax District; One Town Cannot Invade Corporate Limits of 
Another Town in Establishing. — Section 4115 does not authorize one town to 
invade the corporate limits of another town for the purpose of establishing 
a special school-tax district. 

Section 4114 provides for the support of schools in towns and cities by 
special taxes, and section 4115 covers the county outside of the incorporated 
towns. 

I think that under section 4115 a district can be established containing all 
the territory within the corporate limits of a town and also include some 



144 Public School Law of N'orth Carolina 

outlying territory, but I do not think that the corporate limits of another 
town can be invaded. (March 20, 1911.) 

18. Act of Legislature Reducing Size of District is Constitutional. — In 

1907 the Legislature incorporated a school district in a certain county in 
North Carolina, including a great deal of territory in the district, and sub- 
mitted to the people within said district, upon election held under said act, 
the question as to whether or not they would issue twenty thousand dollars 
in bonds for the purpose of erecting a school building and carrying on a 
school in said district. Certain parties who are on the outer limits of said 
district are now requesting that an act be passed by the General Assembly 
taking them out of the district and relieving them of the special tax. The 
question you wish passed upon is. Would an act of the kind be constitu- 
tional? It seems to be well settled that an act passed by the Legislature 
cutting away part of a school district, whether said district is in debt or 
not, would be constitutional. (February 14, 1911.) 

Nullified by constitutional amendment 1917, forbidding changing boundaries 
of school districts by act of Legislature. 

19. Compensation for Disbursement of City School Fund. — Section 2728 of 
the Revisal of 1905 authorizes the county board of education to fix the 
compensation of the treasurer at such sum as it may see fit, provided the 
amount does not exceed two per cent on disbursements. If the special tax is 
paid to him and then paid by him to the local treasurer, he might have ^ 
technical right to claim his commissions upon the amount as a disburse- 
ment, though I have always advised that a disbursement of this sort in a 
lump sum was not such a disbursement as was contemplated by the section 
named, as it was largely a matter of form, without trouble to the treasurer, 
and that, therefore, the county board of education should regulate the com- 
mission upon it, and either allow the treasurer no commission upon that 
sum or else allow him a very much smaller commission than was al- 
lowed upon other disbursements, the local treasurer receiving the larger 
part of the commission for disbursement, as he was compelled to have 
all the trouble in disbursing it in small amounts and keeping the books and 
accounts. In a word, the matter should be regulated by agreement between 
the local board of trustees and the county board of education. There cer- 
tainly should not be double commissions allowed on the same school fund — 
one to the county treasurer and the other to the local treasurer. The com- 
missions on both certainly should not exceed the maximum fixed by the 
statute, and, if necessary, it should be divided between them in proportion 
to the trouble and responsibility of each. In case an equitable agreement 
cannot be reached, then I would advise an amendment to your school bill, 
directing the special tax to be paid directly to your local treasurer, who is 
under bond, without passing through the hands of the county treasurer. 
The matter is regulated in this way in a number of special school acts of 
towns and cities. 

20. Reports from City Schools. — Section 4165 of the Public School Law 
requires full reports of the city schools to the State Superintendent, also to 
the county superintendent, in such form and at such time as may be directed 
by these officers. No school operating under special charter that is sup- 



Public School Law of JSTorth Caeolina 145 

ported wholly or in part by public funds has a right to refuse to make these 
reports and expect to continue to receive its proper share of public school 
money. 

(d) 

21. A Public High School Under the State-wide Bond Act, Meaning of.— 

In my opinion, any public school in which grades above the seventh grade are 
maintained and instruction given in high school branches is a district public 
high school, and any district maintaining such grades and giving such high 
school instruction in its public school comes within the meaning of the 
State-wide bond act, and has a right to hold an election and vote a bond 
issue under that act. (March 27, 1917.) 

22. The Amount of Tax to Levy to Pay Interest and Provide for Sinking 
Fund for Bond Issue. — The tax levy for bond issue must be limited to the 
amount actually needed for taking care of the interest of the bond issue and 
providing for the sinking fund. (June 23, 1916.) 

23. Sufficiency of Notice of Election Called for Bond Issue. — The order 
calling for an election for a bond issue under section 1 of chapter 55 of the 
Public Laws of 1915 must set forth the maximum tax that may be levied, and 
except it does set forth the maximum tax that may be levied, the order call- 
ing the election is not sufficient in this respect. (June 19, 1916.) 

VII 
BEANCHES TO BE TAUGHT AND TEXT-BOOKS 

1. When High School Subjects May be Taught. — High school branches 
cannot be taught in schools having only one teacher, and may be taught in 
schools having more than one teacher only after adequate- provision has 
first been made for the thorough teaching of the elementary branches men- 
tioned in section 4087. 

If high school work is attempted, it must be free to all children in the 
district. (December 8, 1914.) 

2. Bible as Text-book in Public Schools. — Not prescribed in section 4087 
of the Public School Law. Not advisable to attempt to use it as a text-book 
on account of denominationalism. Proper to use it for devotional exercises. 
(September 7, 1906.) 

3. Text-books, When Exchangeable. — An exchangeable book is incapable 
of exact definition, but there ought to be no difllculty in determining whether 
or not the book is in such condition as to be usable. The fact that a book 
has its back torn off, or a leaf missing here and there, would not prevent 
the book from being exchangeable. The book must be in such condition that, 
if there had been no change, it could have been used by the child in the 
public schools. (December 4, 1911.) 

Till 

LOANS AND LIBRARIES 

1. Loans to Whom; Installments, How Paid.— Loans for building school- 
houses are made by the State directly to the county board of education for 



146 Public School Law of N'orth Carolina 

specified districts. The annual installments are paid in one sum to the 
State Treasurer. The county board is authorized by law to deduct the 
annual installments from the apportionments made to districts that have 
received loans. The board could, of course, if it saw fit, allow for these 
installments by making additional apportionments to the districts or by 
making apportionments out of the building fund to those districts each year. 

2. Additional Apportionment by County Board to Meet Interest and Install- 
ment on Loan. — The county board of education may make an additional 
apportionment out of its building fund to assist a district in paying the 
interest and installment of its loan made in accordance with section 4056. 

3. County Appropriations for Libraries. — The State appropriation for rural 
libraries is limited to five thousand dollars for two years. The number of 
new libraries to the county for which this fund is available before November 
30th of any biennial period is six. There is no authority in the law for the 
county board to appropriate any money for rural libraries except the spe- 
cific authority conferred by the rural library act, and this is conditioned 
always upon the raising of ten dollars by the community and the appro- 
priation of ten dollars by the State. The same law, therefore, that limits 
the number of libraries for which appropriation may be made by the State 
also limits the number for which appropriation may be made by the county 
during the two-year period. I am of the opinion, therefore, that the county 
board has no legal authority to make an appropriation for more than six 
original rural libraries during the two-year period ending November 30th. 

(See sec. 1, subsec. d, Laws 1915.) 



IX 
SCHOOL FUNDS 

(a) General {Including Fines, Forfeitures, and Penalties) . 

(b) Special Tax. 

(c) City Schools Under Special Charter. 

(a) 

1. County Board Has No Power to Designate Bank at Which Treasurer 
Shall Deposit School Funds. — The treasurer and the sureties on his bond 
are responsible for the safe-keeping of the school fund. Being liable on his 
bond for the safety of the fund, it is proper that the treasurer should have 
the power to determine where and in what manner the fund shall be kept. 
The county board of education has no power, therefore, to designate the 
bank in which the school fund shall be kept. (July 3, 1912.) 

2. Special Poll Tax for Other Than School Purposes. — The county school 
fund is not entitled to any part of a poll tax levied by the Legislature for 
special county purposes other than for schools. 

3. Fines, Forfeitures, and Penalties Must be Recorded and Reported. — All 
fines, forfeitures, and penalties must be recorded and reported as required 
by section 5, Article IX, of the State Constitution. Policemen or other 
officers cannot legally accept fines and make compromises without judg- 
ment. 



Public School Law of [N'orth Carolina 147 

4. Fines, Forfeitures, Etc., Cannot be Remitted. — The county board of 
education cannot remit by compromise any portion of fines, forfeitures, and 
penalties due the county school fund and diverted by towns and cities. 

5. Fines, Etc., Imposed in Mayor's Court Must Go to County School Fund. — 

All fines, etc., imposed in mayors' courts of towns and cities must be prop- 
erly reported and paid over to the county school fund, and failure to do so 
is a misdemeanor. Evasions are illegal. 

6. Fines Imposed by Recorder's Court Must Go to County School Fund. — 

Fines imposed by a recorder's court must go to the general county school 
fund, and not to the graded school fund of the town in which the recorder's 
court sits. (May 14, 1909.) 

7. Penalties under the Law Must Be Turned into the Public School Fund 
of the County in Which They Are Imposed and Collected. — Section 5 of Art. 
IX of the Constitution of North Carolina provides that the clear proceeds of 
all penalties, forfeitures, and fines collected in the several counties for any 
breach of the penal or military laws of the State shall be faithfully appropri- 
ated for establishing and maintaining free public schools in the several coun- 
ties of this State. Under this provision of the Constitution of North Carolina, 
all penalties imposed under sections 5217, 5228, 5230, 5232, 5233, and other 
sections of the Revisal of 1905, providing penalties for failure to list property 
for taxation or to pay taxes, as well as all such penalties provided in the 
Revenue and Machinery Acts, must be turned into the public school fund for 
the establishment and maintenance of public schools as provided in the 
Constitution of the State. (August 3, 1917.) 

8. Fines Cannot be Remitted by Another Judge. — Fines imposed by a judge 
cannot be remitted by another judge. (August 29, 1910.) 

9. All Fines, Forfeitures, and Penalties recovered in city or recorder's 
court in any criminal action are payable to general school fund of county, 
for all warrants issued in such cases are issued in the name of the State. 
(See section 3072, Revisal 1905.) City, however, may sue in civil action in 
name of city. Any judgment rendered under such civil action is merely a 
debt, and the person against whom such judgment is rendered cannot be 
arrested for nonpayment. (February 23, 1914.) 

10. Stills, Sale of Materials Taken From, Regarded as Forfeiture. — The 
sale of materials from stills taken in the enforcement of the prohibition law is 
considered forfeiture, and the proceeds therefrom should be turned over to 
the county school fund. (July 6, 1912.) 

11. City Schools Are Entitled to Equitable Part of Building Fund. — The 
city schools are entitled to their equitable part of the building fund. They 
pay their part of it, and in the apportionment of the building fund, just as 
in the apportionment of the other part of the school fund, they are entitled 
to be treated exactly like any other public school district of the county. 
The fact that these districts are operated under a special charter does not 
prevent them from being public school districts entitled to all the rights 
and privileges of other school districts in the distribution of the common 
public school fund, including the building fund. The fact that they issue 
bonds and levy taxes for better buildings and equipment ought to entitle 
them to more consideration, instead of less, by the county board of educa- 

10 



148 Public School Law of ]^orth Carolina 

tion. in the distribution of the county building fund, and certainly ought not 
to cause them to be discriminated against by excluding them from sharing 
in that fund which they helped to pay, because they are willing to assume an 
additional burden of taxation to get better houses and equipment than the 
county and the regular school district can afford to provide. They should 
be encouraged rather than discouraged in such commendable efforts. The 
determination of their equitable share of building fund, according to their 
needs for building and equipment, is of course in the discretion of the 
county board of education. I simply suggest the following as an aid in 
arriving at an equitable determination of this: If the town or city has not 
provided houses and equipment out of its own funds by special taxation or 
bond issue the county board of education would be compelled to provide 
houses and equipment sufficient for the acconjmodation of the children of 
the district as a public school district. Estimate what it would have cost the 
board to make such provision on the basis of buildings and equipment of 
about an equal grade of those provided for other public school districts hy 
the county board and then estimate the proportion of the cost thereof that 
the board would equitably allow from the county building fund upon the 
same basis as it apportions the cost of buildings and equipment between 
the county building fund and the district building fund in other regular 
public school districts of the county. Upon this equitable basis the board 
could make a lump allowance from the building fund to the town or city 
district or divide it into several years, allowing so much each year for two, 
three or four years. 

Where a graded or other special school district has been established in 
a city or town, it is the duty of the county board of education to include in 
the distribution of the fund reserved for building and repairing school- 
houses in the county allowed by the statute such just and equitable part 
thereof as is required for such purposes within the graded or special school 
district established in the city. (163 N. C, 405.) • 

12. County is Not Eequired by Article IX, section 5, of Constitution of 
North Carolina to pay school fund amount of fine imposed when fine is 
worked out on roads or served out in jail. (January 15, 1914.) 

13. State Equalizing Fund can be used only for teachers in elementary de- 
partments. No apportionment from the State Equalizing Fund can be made 
to high school teachers until after a full six months school term shall have 
been provided in the seven elementary grades, (July 22, 1913.) 

14. Total State and County Poll Tax cannot exceed two dollars. Not 
more than one-fourth of this amount can be used for maintenance of the 
poor. At least three-fourths must be appropriated to the public schools. 
If so much as one-fourth is not used for the maintenance of the poor the 
balance, whatever it may be, must be turned over to the public school fund, 
(January 3, 1913.) 

15. Appropriation by a County Board of Education Under Section 4116 to 
City Schools in >Vhicli a City Superintendent is Included as a Teacher. — 
As a superintendent of a city school is required to devote a part of his time 
to the supervision of the elementary school, it is equitable that he could 
under the law and should be allowed an apportionment on sfbout the same 



Public School Laav of IN'orth Carolina 149 

basis as a teacher in these schools. It \Vould be proper to count the super- 
intendent of the city school as a teacher, because of his connection with the 
elementary school and so provide a reasonable compensation for his super- 
vision of those schools in the apportionment from the county school fund. 
(January 29, 1916.) 

16. The Levying of an Extra Tax for Four Months School Term. — Section 
6 of the six months school law provides that a special tax of fifteen cents 
on every one hundred dollars worth of property, real and personal, and forty- 
five cents on polls, may be levied to provide for a four months school term 
in every school district. This is meant not to exceed the constitutional lim- 
itation of two dollars on polls unless, by special election, the same has been 
provided for. (May 28, 1917.) 

17. City Boards of Education May Not Use Any Part of the General Public 
School Fund for the Maintenance of a Night School for Adult Persons. — 
In the absence of special statutory authority, a city board would not have the 
right to use the taxes levied and collected by the city for school purposes, for 
a night school for adults. (January 19, 1915.) 

18. Payment of Fee for Recording of Deeds. — There seems to be no law 
that exempts the recording of deeds to public school property from the pay- 
ment of the usual charges for performing this service. I should judge that 
the board of education would be the proper party to pay the recording 
charges for deeds to property that belongs to that board. (April 21, 1917.) 

19. The Borrowing of Money to Pay Teachers' Salaries, Where the County 
Apportionment Has Been Used for Building a House. — The county board 
of education would not have authority to borrow money to pay teachers' 
salaries in special districts where the county apportionment for this year 
had been appropriated for building a house, except for the amount of the 
apportionment and special taxes that will be available for that district for 
this school year. Under section 4150 of the Public School Law no part of 
the school fund for one year can be used to pay school claims for the pre- 
vious year. Therefore, the board would not have a right to borrow money 
to pay the salaries of teachers for this year and repay it out of funds due 
the district for next year. It could borrow money only to the amount of 
funds that will be available from all sources from taxes and apportionment 
of this school year for teachers* salaries in the special district. (August 31, 
1916.) 

X 

SPECIAL-TAX ELECTIONS 

1. Special-tax Elections Held Within Less Than Thirty Bays of Another 
Election. — After consultation with the Attorney-General, I am of the opinion 
that the provision in the general election law forbidding the holding of elec- 
tions within thirty days of another election does not apply to special-tax 
elections held under section 4115 of the Public School Law, which provides 
that such elections may be held after thirty days notice, and that there is 
no recent decision of the Supreme Court touching the matter, so far as we 
have any information. 



150 Public School Law of I^orth Carolina 

2. Sundays Counted in Twenty Days for Keeping Registration Books Open. 

In counting the twenty days preceding an election for local tax, during which 
the registration books must be kept open as provided by section 4323 of 
the Revisal, Sundays must be included. (June 9, 1909.) 

3. Qualified Yoters; IVumber Determined by Old Registration Books. — The 
board of county commissioners should use the old registration books as a 
basis for determining whether or not the requisite number of qualified voters 
have signed a petition for the repeal of a special tax. Either party to a con- 
troversy, however, would have a right to show that some who are now 
registered have left the district and that other qualified voters have come into 
the district and become qualified. 

4. Ordering Local- tax Election: Connty Board of Education Has Discre- 
tion; County Commissioners Have Not. — The approval of a petition for a 
local-tax district lies wholly in the discretion of the county board of educa- 
tion, and may not be compelled, but upon a petition of one-fourth of the free- 
holders endorsed by the county board of education, the county commissioners 
have no discretion but must order and hold the election as provided in sec- 
tion 4323 of the Revisal. (July 1, 1909.) 

5. Taxation in Local Tax District, Authority of Commissioners to Fix Rate 
of. — If special-tax election was called under the general provisions of section 
4116, without specifying in the petition, order, or notice the amount to be 
voted, levied, and collected, the county board of commissioners can levy and 
collect a less amount than the maximum fixed in this section, but only upon 
recommendation of the committee of the district approved by the county 
board of education. (June 1, 1911.) 

6. How Special Tax May be Repealed. — ^An amendment to section 4115 by 
the General Assembly of 1909 provides a way by which a special-tax may 
be repealed without special legislative enactment. An election for this pur- 
pose may be called by the board of county commissioners, upon approval 
by the county board of education of a petition signed by two-thirds (1911) 
of the qualified voters residing in the special-tax district. Such election can- 
not be held within less than two years from the date of the election at which 
the tax was voted nor within two years of any previous election for voting 
off the tax. 

7. Persons Not Allowed to Vote Who Moved Into District Within Four 
Months Preceding Election. — Persons may not be allowed to vote at a special 
school election who have moved into the district from another part of the 
same township within four months preceding the date of election. Section 
4316 of the Revisal of 1905 provides that, to be entitled to vote, a person 
shall have resided four months in the precinct, ward, or election district in 
which he offers to vote next preceding the election. (March, 1913.) 

8. Boundaries of a Special-tax District may not be enlarged by the Legis- 
lature unless an election is provided for in the territory which has not voted 
upon the question of a special-tax levy. (February 13, 1915.) 

9. To Vote in a Special-tax Election which is held prior to May first, a 
man must have paid his poll tax for the preceding fiscal year. That is to 
say, no man can vote in a special-tax election which is held between Janu- 
ary first and May first unless he could have voted any time after May first 
of the preceding calendar year. (March 19, 1915.) 



Public School Law of ^orth Carolina 151 

10. Where a Two-dollar Poll Tax has already been levied for general 
State and county purposes, there can be levied, by a vote of the people, a 
special tax upon the property in any given district without the corresponding 
tax on the poll. (March 19, 1914.) 

11. The Term "Freeholder" does not include women, infants, and non- 
residents. (January 29, 1914.) 

12. Taxes Must be Levied Equally on all residents living within the con- 
fines of a special-tax district, without respect to race. (March 25, 1914.) 

13. Contiguous Territory may be added to a special-tax district by vote of 
the people in the territory to be annexed. (October 16, 1914.) 

14. No Petition to Revoke a special-tax can be approved by a county 
board of education so long as there is any debt on the building in such dis- 
trict caused by the borrowing of money from the county or the State over 
and above that to which the district was rightfully due from general 
building fund. (April 30, 1914.) 

XI 

SCHOOL PROPERTY 

(a) General — Title to and Control of. 
(&) Houses and Lands. 

(a) 

1. Title to School Property in District Created by Legislature Remains in 
County Board. — The title to the public school property that may be in a 
district, when created by legislative enactment, which gives authority to a 
local school board to manage the school affairs of the district independent 
of the county board of education, remains in the county board of education, 
and such property may be disposed of by the county board in such manner 
as it deems equitable and just. 

2. Control of School Property Vested in Committee and County Board. — 
Under sections 4147 and 4125 the school committee and the county board 
of education have full power to control the school property and to make rules 
and regulations for its control in such manner as they deem best for the 
interest of the public schools and the cause of education. The county 
board of education unquestionably has the entire control of the property in 
a district in which the committee has resigned. (April 17, 1908.) 

3. Proceeds From Sale of School Property. — It is no violation of the spirit 
of the law to appropriate the proceeds from the sale of school property for 
the purpose of purchasing other property in the same or an enlarged district, 
although the full per cent of the annual fund allowed for building may have 
been set aside for the district. 

4. Condemnation Proceedings, When and How Instituted. — Under section 
4131 of the Public School Law the county board of education has authority 
to select a site for a schoolhouse and secure the same, to the extent of three 
acres, by condemnation, if it cannot be obtained otherwise. In accordance 
with this section, appraisers shall be appointed by the clerk of the Superior 
Court to appraise the value. Section 4131. 



152 Public School Law of IsTorth Carolina 

5. Land Acquired by Comity Board Does Not Kevert to Heirs. — Land ac- 
quired by the county board of education through condemnation proceedings, 
when it ceases to be used for school purposes, does not revert to the heirs 
of the original owner, but as the board acquires a title in fee simple, the 
board can give a title in fee simple. (June 12, 1911.) 

6. Property Deeded for School Purposes; Wlieii it Reyerts to Heirs. — 
Property deeded for school purposes to school trustees or to the county 
board of education except by fee simple deed, reverts to the heirs of original 
owners when it ceases to be used for the purposes set out in the deed. 
(March 17, 1909.) 

7. Insurance on School Property, How Paid. — Every school district is per- 
mitted to spend not to exceed twenty-five dollars a year out of its apportion- 
ment of the county school fund for necessary incidental expenses; a larger 
amount for such expenses must be approved by the county board. A reason- 
able amount of insurance could be carried on the school property of a dis 
trict and the premium paid out of the twenty-five dollars allowance. The 
premium could not be paid out of the county reserve fund, because that fund 
is limited to the payment of the expenses of the county board and the county^ 
superintendent's salary. As the title to school property is vested in the 
county board of education, it can insure it and order payment out of funds 
apportioned to district. 

(b) 

8. Plans for SchooUiouses Must be Approved and Buildings Inspected. — It 

is true that plans and specifications for schoolhouses are provided at the 
office of the Superintendent of Public Instruction. Furthermore, the law for- 
bids the erection of any public schoolhouse that is not built in accordance 
with plans approved by him. Of course, this does not mean that all school- 
houses must be built after the plans and specifications that have been pre- 
pared for distribution from this office, but other plans may be submitted for 
his approval, as is often done. Section 4124 also requires all new school- 
houses to be inspected, received, and approved by the county superintendent 
before full payment is made therefor. 

9. Doors of Schoolhouses Must Open Outward. — Under the provisions of 
chapter 637, Laws of 1909, the doors of schoolhouses having more than one 
room, whether in towns or in the rural districts, must be so hung as to open 
outward. (July 12, 1909.) 

10. One-half of the Cost of New Schoolhouses May be Paid by County 
Board. — Section 4124 clearly means that the county board, out of the building 
fund which it may reserve by the provisions of section 4116, shall not pay 
exceeding one-half the cost of building any new schoolhouse, the other half 
of the expense to be borne by the district. But the board has complete con- 
trol of the whole subject, and may forbid the erection of a schoolhouse in a 
district which ought not to exist. It must be remembered that no house can 
be built unless it is built in accordance with plans approved by the State 
Superintendent, and the county board is charged with the duty of carrying 
into effect this provision to secure neat, comfortable, and attractive houses. 
Pamphlets containing plans of such houses as will be approved by the State 
Superintendent, together with specifications, estimates of cost, and bills for- 



Public School Law of I^orth Cakolina 163 

materials, will be furnished by the State Superintendent on application. 
The purpose of limiting the amount of the school fund that can be annually 
expended for the school buildings was to prevent the hurtful decrease of the 
school term. Using the proceeds of the sale of old school property for new 
and better property is simply exchanging school property, and need not be 
accounted for in the annual apportionment of the school fund of the county. 

11. Public School Building Not Subject to Statutory Lien.— "A public 
school building, vested in trustees for public school purposes, is not sub- 
ject to statutory lien for materials furnished for its contractor, in the 
absence of a statute indicating a legislative purpose to the contrary." 15a 
N. C, 680. (December 13, 1911.) 

12. ?few Buildings. — Sections 4116 and 4124 authorize county paying half 
cost of buildings out of county building fund and taking out of district fund 
balance unless othei*wise provided for by district. (December 3, 1914.) 



XII 
MISCELLANEOUS 

1. Contracts With Private Schools Authorized; Contracts with Sectarian or 
Denominational Schools Forbidden. — Section 4151 of the Public School Law 
expressly gives authority to the school committee to contract with the 
teacher of a private school, regularly conducted for at least six months in 
the year, to use the public school fund in connection with the private school 
to give instruction to all pupils between the ages of six and twenty-one years 
in the branches of learning taught in the public schools, under the condi- 
tions prescribed in that section. I have ruled that the term private school 
does not include sectarian and denominational schools. There is, therefore, 
not only no authority for making any contract with these schools for the 
use of public school funds, hut contracts with such schools are forMdden. 

2. Compulsory Vaccination; Sanitary Committee May Order. — Section 4347, 
Volume II, the Revisal of 1905, provides that the sanitary committee of the 
county may make such regulations and provision for the vaccination of 
all the inhabitants of the county and impose such penalties as they deem 
necessary to protect the public health. Sections 3453 and 3455, Volume I, 
the Revisal of 1905, make any person violating these rules and regulations 
guilty of a misdemeanor. Therefore, if the sanitary committee of a county 
legally orders compulsory vaccination for the people of a town, it is the 
duty of the school authorities and patrons of the schools to obey the order. 

It is especially the duty of all teachers and school officers to inculcate 
in children the spirit of obedience to law. See section 23, chapter 62, Laws 
1911. 

3. Only Colleges and Universities Can Confer Degrees; Power Given by 
Legislature. — Only a chartered college or university can issue a diploma or 
confer a degree. Colleges and universities have no power to confer degrees 
or grant diplomas unless the power is expressly given by legislative enact- 
ment. (February 23, 1909.) 

4. Use of SchoolhoHse for Religious Purposes. — The school house is the 
property of all the people, built by the taxes of all the people, and while it 



154 Public School Law of I^orth Carolina 

is under the control of the county board of education and the school com- 
mittee, the continuous use of it for the benefit of only a part of the people 
consisting of one religious denomination is always subject to criticism from 
some of the people belonging to other denominations; and for that reason I 
think it usually unwise to permit a schoolhouse to be used continuously as 
a church by one sect or denomination. If one denomination is permitted 
to use it for this purpose, other denominations would have the same 
right to demand its use, if needed, and all sorts of complications might 
arise. I think the occasional use of the schoolhouse by any religious de- 
nomination for such a good purpose as the promotion of religion among the 
people is for the elevation of the community and is proper, or the use of 
it by a denomination while they are building a church, or getting ready to 
build a church, as an accommodation, it seems to me, ought not to be ob- 
jected to, with the permission of the county board of education and the school 
committee. 

5. County Board of Education does not have right to require individual 
drinking cups. (February 7, 1913.) 

6. The Chairman of a Board of Trustees or other governing body has only 
one vote; that is, he may not vote as a member and also as , chairman after 
his vote as a member has been used to bring about a tie. (May 23, 1913.) 

7. Vaccination Against Smallpox and other contagious diseases may be 
required of all school children by board of health of any town, city, or 
county. (November 25, 1913.) 

8. Legislature Cannot Eaise rate of interest on school bonds without pro- 
viding for an election by the people in the district affected. (January 28, 
1915.) 

9. A City School Board may not use the taxes levied and collected for 
school purposes to run a night school for adults, unless special permission 
to this end is granted by Legislature. (January 19, 1915.) 

10. Position on Sub-Textbook Commission is not to be considered an 
/office, and a member of the sub-textbook commission may hold office while 
pursuing his duties as member of such commission. (October 7, 1913.) 

11. If a School Site Has Been Donated with the provision that it reverts to 
owner when no longer used for school purposes, the committee have a right 
to remove or sell the school building, etc., before giving up the site. (July 
14, 1913.) 

12. Not More Than One-third of the funds for the maintenance of the high 
school department in any public high -school may be apportioned by the 
county board of education out of the county school funds until a minimum 
school term of six months is reached throughout the county. 



L 



INDEX TO PUBLIC SCHOOL LAW 



A 

Section Page 

Abstract tax lists to be furnished county board 4110 46 

Accounts of State board 4034 39 

Action on bond county treasurer 4153 67 

Additional powers of county board 4125 54 

Admission of students to farm-life school 118 

Age for free tuition 4085 41 

Agriculture, elements of, to be taught 4087 42-120 

Aim of farm-life school 113 

Alcoholic drinks, effects of 4087 42 

Amendments to School Law, 1917 8-37 

Annual reports State Superintendent to include operations of loan fund. . . 4092 43 

Application of chapter 89 4029 38 

Apportionment, basis of 4117 52 

county school fund 4116 50 

income permanent fund 4094-95 44 

special tax funds 4113-15 47-49 

unused funds 4116 50 

appropriation for libraries 4179 74 

for farm-life schools 109, 120 

for public high schools 87 

Arithmetic to be taught • 4087 42 

Attendance, compulsory 101 

on institutes 11 

Attendance officer 102 

Attorney-General member of State board 4030 39 

Auctioneers' license taxes • 4107 45 

Auditor member State board 4030 39 

B 

Basis of apportionment school fund 4117 52 

Biennial report State Superintendent 4089 4B 

Board of trustees farm-life school 108, 113 

Board of Examiners and Institute Conductors 8 

duties and powers 8—12 

Bond of treasurer of school fund 4152 66 

Bonds for farm-life school 115 

for schoolhouses — State-wide law 121 

for schoolhouses in cities and towns — State-wide law 123 

Bookcases for libraries 4174 73 

Branches to be taught in public schools 4087 42 

Building fund, provided for 4116 51 

can bear only half cost of new house 4124 54 

Buildings and equipment for farm-life school ^ 114 

C 

Canvass of vote in special tax elections 4115 49 

Census taken by committee 4148 49 

Certification of teachers 9 

Certificates, classes of 11 

Child labor 106 

Cities and towns may levy special tax 4114 48, 26 

Civil government to be taught 4087 42 

Civil liability of sheriff for failure to settle school taxes 4111 46 

Closing school, nohattendance 4164 70 

time of, fixed 4123 54 

Collection of school taxes, State and county 4111 46 

special taxes 4113-15 47-49 

Commission, State Educational 18-19 

Committee, apportionment special tax funds 4113—15 47-49 

care of property 4147 63 

census of doaf and dumb and blind children 4148 64 

chairman of 4146 63 

compensation of 4145 62 

contract with private school 4151 65 

dismissal of teacher 4161 69 

district or township 4145 62 



156 



Index 



Committee — continued ; Section 

election of 4145 

employment of teachers 4161 

expenditures, by ^ 4149 

illiterates, reported by 4148 

notification of apportionment 4116 

oath of 4088 

not to overdraw account 4150 

records • 4149 

removal of 4126 

report value of school property 4148 

secertary of 4146 

sign order for salary of teacher 4164 

special tax districts 4115 

Committee, term of office 4145 

township high school 4113 

Composition to be taught . . .• , 4087 

Compulsory attendance 4085 

age limits 

Condemnation of school site 4131 

Constitution, education in our 

Constitution North Carolina and United States to be taught 4087 

Construction of school law 4090 

Contingent expenses State board 4031 

Contingent fund 4116 

Contract for schoolhouses in writing 4124 

Corporate name of farm-life school 

Cost of building, one-half from building fund 4124 

Criminal liability of sheriff for failure to settle taxes 4111 

Corporate powers ' 4030 

County board, additional powers of 4125 

apportionment of county fund 4116 

compensation of 4134 

contracts for schoolhouses 4124 

dismissal of teacher 4127 

districts, special tax, formed 4115 

donations to 4130 

duties of 4121 

election of 

election of county superintendent 4135 

equalize school term 4116 

estimate for four-months term 4112 

examination reports of superintendent and treasurer 4134 

farm-life schools 

fix time opening schools 4123 

grade of work, must consider 4116 

investigations 4127 

list fines reported to 4108 

loans to districts 4055 

may close school for nonattendance 4164 

may punish for contempt 4128 

may require reports of treasurer 4160 

members may be removed 4126 

members take oath of office 4088 

meetings, number of 4133 

must use approved plans of houses 4124 

must obey instructions State Superintendent ' 4090 

notification to committeemen of apportionment 4116 

power to create and abolish districts 4129 

power to make regulations to secure attendance 

race discrimination prohibited 4116 

removal county superintendent 4126 

secretary of 4139 

sale of school property 4130 

shall fix salary of all teachers 4116, 4163 

site of school may be condemned 4131 

special county taxation for schools 

term of office 

unused funds 4116 

vacancy 

County commissioners appoint special tax election officers 4115 

must levy tax for four months school 4112 

order special tax district elections 4115 

County officers to file list of fines, etc 4108 

County school fund, what 4107 

Course of study 4087, 4113 



41. 



Page 
62 
69 
64 
64 
50 
42 
65 
64 
55 
64 
63 
70 
49 
62 
47 
42 
101 
20 
57 
5 
42 
43 
39 
50 
54 
119 
54 
4& 
39 
54 
50 
58 
54 
55 
49 
56 
53 
24 
59 
50 
46 
58 
108, 113 
54 
50 
55 
45 
40 
70 
55 
68. 
55 
42 
57 
54 
43 
50 
55 
104 
50 
55 
60 
56 
50, 70 
57 
95 
25 
50 
25 
49 
46 
49 
45 
45 
42. 48. 



m 



Index 



157 



Section 

County superintendent, advises committeemen 4142 

conducts examinations 

distributes blank forms 4142 

election of 4135 

holds teachers' meetings 4140 

inspects and approves new houses 4124 

keeps an index of deeds 4132 

must attend State association, district associations.. 4141 

must not teach school except by permission of State board 4138 

must reside in county 4138 

must visit schools 4141 

must make monthly report 4141 

must hold certificate . ., 

office at county seat 4139 

qualification of 4135 

removal from office 4126 

report deaf and dumb and blind children 4144 

report to State Superintendent 4143 

salary of 4144 

secretary county board 4139 

County superintendent signs all orders on treasurer 4155 

term of office 4135 

County treasurer made treasurer of school fund 4152 

compensation 4152 

Construction of School Law (see index to rulings) 

D 

Date for payment of loans 4054 

Day, what constitutes 4163 

Deaf and dumb and blind children reported 4144 

Deaf children must attend 

Deeds to school property filed with clerk of court 4132 

Discrimination against any race forbidden 4086 

Dismissal of teachers 4161 

Distribution of $250,000, per capita 

Distribution blank forms by county superintendent 4142 

Districts, account kept by treasurer 4157 

bear one-half cost building 4124 

created or abolished by county board 4129 

how formed 4129 

how enlarged in cities and towns 

loans to • 4055 

may jointly employ superintendent •. . . 4137 

may vote special tax 4115 

must have 65 census 4129 

Donations may be accepted by county board 4130 

Drawing mufct be taught « 4087 

Duties and powers of county board 4121 

Duties State Superintendent 4089-92 

E 

Education in our Constitution 

Educational Commission, an act to create 

Effects of narcotics taught 4087 

Election, county board 

county superintendent 4135-36 

farm-life school board 

special district tax 4115 

special tax in cities and towns 4114 

special county tax 

township high school tax 4113 

Employment of teachers, method 4161 

Enforcement of School Law by State Superintendent 4090 

Englisli grammar to be taught 4087 

Enlargement of libraries 4177 

Enlargement special tax districts 4115 

Entertainments, rural 

Equalizing school fund. State 

Estimate of four-months school term 4112 

Estrays, proceeds of sale of 4107 

Examinations 

time of 

teachers 



Page 
61 
10 
61 
59 
60 
54 
57 
60 
60 
60 
60 
60 
8 
60 

59, 8 
55 
62 
60, 61 
62 
60 
67 
59 



127-154 



40 
70 
62 
88 
57 
41 
69 
96 
61 
67 
54 
55 
55 
31 
40 
59 
49 
55 
56 
42 
53 
43 



5 
18 
42 
24 
59 
113 
49 
48 
95 
47 
69 
43 
42 
73 
49 
28 
96 
46 
45 



158 



Index 



Section Page 

Examiners, State Board of 8 

Exchange, libraries * 4176 73 

Execution school law 4125 54 

Exemption certain schools from chapter 89 4029 38 

Expenditures by committee 4149 64 

Extension and demonstration work 110, 118 

P 

Failure county treasurer to make report misdemeanor 4160 68 

Failure member of county board to qualify creates vacancy 4120 53 

Farm-hfe school (Guilford) 108 

Farm-life school: 

aim , 13 

admission of students 119 

appropriation of State funds 120 

board of trustees 13 

buildings, etc 114 

bonds to be issued 115 

corporate name • 119 

certification of teachers 118 

extension and demonstration 118 

election in county 117 

election in township 116—117 

high school in connection with 117 

location 113 

treasurer of 119 

Fines belong to school fund 4107 , 45 

Fines, list of, reported to county board ." 4108 45 

Fiscal year 4118 52 

Forfeitures belong to school fund 4107 45 

Formation of special tax districts 4115 49 

Forms to be printed by State Superintendent . 4089 43 

Four-months school required 4112 46 

Freeholders, petition for local tax 4113—15 47—49 

Funds, apportionment special tax 4113-15 47-49 

repayment of loans 4055 40 

G 

General power county board to execute school law 4125 54 

Geography to be taught 4087 42 

Government, e^ements of civil, taught 4087 42 

Governor member State board 4030 39 

Grade of school considered in fixing salary of teacher 4116 50 

Guilford Farm-life School 108 

H 

Health law 91 

Health officer 4116 50 

High schools, pupils may attend from adjoining counties 28 

High school certificate 11 

High school law 84 

High schools for townships 4113 47 

High school subjects taught in what schools 4113 47 

History to be taught 4087 42 

Home economics to be taught 20 

Houses must be built according to approved plans 4124 54 

How township high school tax may be voted 4113 47 

Hygiene to be taught 4087 42 

I 

Illiterates reported by committee 4148 64 

Illiteracy, an act for the reduction of 19 

Incorporation of rural communities 32 

Income permanent fund, how apportioned 4094 44 

Index deeds to school property 4132 57 

Indians of Robeson County have separate schools 4086, 4168, 4171 41,74,75 

Inspection new schoolhouses 4124 54 

Installment on loans 4054 40 

Insti tutes 8 

Institute conductors 8 

Investigations, county board 4127 55 

Investment fund, State board 4035 39 



Index 



159 



L 

Section 

Language lessons taught 4087 

Liability of sheriff for school taxes 4111 

Libraries, appropriation for 4179 

bookcases for 4174 

cities and towns excluded 4178 

enlargement of 4177 

exchange of 4176 

how established 4172 

in cities and towns, service extended to rural communities 

managers of 4172 

number established limited 4178 

rules for 4175 

State contribution 4173 

License, proceeds auctioneers 4107 

Lieutenant-Governor, member State board 4030 

Limitation on building fund 4116 

Liquor license tax, proceeds of 4107 

List fines, penalties, etc., to be furnished 4108 

List taxes, separate columns for school taxes 4109 

Literary fund, property of ■ 4033 

Loans, building schoolhouses 4053—56 

how repaid 4054 

how secured 4055 

school districts 4056 

Location of farm-life school 

M 

Manual training to be taught 

Maximum salary teacher fixed by county board 4116 

Meetings county board, number of 4133 

Meeting, teachers' 4140 

Members county board, oath of 4088 

Members State board, who 4030 

Month, what constitutes 4163 

Moving pictures, for rural communities 

N 

Negroes may not attend white schools ^ 4086 

New school legislation, 1917 

Nonattendance, closing schools for 4164 

No race discrimination 4116 

Notes for school loans deposited with State Treasurer 4054 

O 

Oath of office school officers 4088 

Office days county treasurer 4156 

Officers school system to obey instructions State Superintendent 4090 

Officers State board 4031 

Office State Superintendent must be at capital 4089 

Opening of schools, time fixed 4123 

Omnibus bill 

P 

Payment apportionment from permanent fund. 4095 

Payment schoolhouse loans 4054 

Penalties, list of, to be filed with county board 4108 

Penalties, proceeds, belong to school fund 4107 

Permanent school fund, what 4093 

Petition for local tax election 4113-15 

Physical examination of school children 

Physiology taught 4087 

Place of meeting State board 4031 

Plans used for building schoolhouses 4124 

Pollholders for special tax elections 4115 

Powers and duties county board 4121 

Power of county board to punish for contempt 4128 

Powers of State board 4033 

President of State board 4031 

Private school, contract with 4151 

Proceedings State board must be kept 4032 

Property of literary fund 4033 



Page 
42 
• 46 
74 
73 
73 
73 
73 
72 
35 
72 
73 
73 
72 
45 
39 
50 
45 
45 
45 
39 
40-41 
40 
40 
41 
108, 113 



20 
50 
57 
60 
42 
39 
70 
28 



41 
8-37 
70 
50 
40 



42 
67 
43 
39 
43 
54 
12-15 



44 
40 
45 
45 
44 
47-49 
22 
42 
39 
54 
49 
53 
55 
89 
39 
65 
39 
39 



160 



Index 



Section 

Public School Law to be printed 4089 

studies 4087, 4113 

system uniform 4085 

Pupils may be dismissed 4166 

rules for attendance 4122 

Q 

Qualifications office county superintendent 4135 

teacher considered in fixing salary 4116 

Quorum State board 4031 

R 

Races must have equal school term 4116 

separate schools for 4085 

Rate special tax 4113-15 

Reading to be taught 4087 

Recommendations State Superintendent 4089 

Register of deeds to furnish abstract of tax lists 4110 

Registrar for special tax elections 4113—15 

Registration for special tax elections 4113-15 

Removal school officers 4126 

Repayment loans 4054 

Report county superintendent to State Superintendent. 4143 

State Superintendent to Governor 4089 

teacher's monthly 4164 

Reports county treasurer and superintendent examined 4134 

of treasurer required 3839, 4153 

Rural communities, incorporation of 

Rules, establishment township high schools 4113 

libraries 4175 

Rules and regulations, school attendance . 4122 

Rural libraries 4172-79 

S 

Salary county superintendent 4144 

teacher, fixed by county board 4116 

teacher, how paid 4164 

School age 4085 

School committee, election of 4145 

committee, oath of 4088 

committee, township high school 4113 

day, length of • 4163 

district must have 65 census 4129 

districts, how formed % . . . 4129 

fund, apportionment 4116 

fund, permanent 4093 

house loans 4053 

houses, building of 4124 

law to be published 4089 

month, length of • 4163 

officers to obey instructions 4090 

property, charge of committee 4147 

property may be sold 4130 

separate for each race 4086 

School sites, how acquired 4131 

taxes in separate column 4109 

School term must be four months 4112 

term, races equal 4116 

township high 4113 

year 4118 

Schools exempt from provisions chapter 89 4029 

Secretarv countv board 4139 

State board 4031 

Secretary of State member State board 4030 

Security for loans 4055 

Separate schools for races 4086 

Sheriff's liabilitv for school taxes 4111 

Smith-Husrhes Vocational Educational Act, provisions adopted 

State Treasurer made treasurer of fund 

Special permanent school fund 4093 

Special tax, apportionment 4113—15 

county 4112 

credits for tax of nonresidents 

districts 4115 

in cities and towns 



Page 
43 
42, 47 
41 
71 
53 



59 
50 
39 



50 
41 

47-49 
42 
43 
46 

47-49 

47-49 
55 
40 
61 
43 
70 
58 

68, 67 
32 
47 
73 
53 

72-74 



62 
50 
70 
41 
62 
42 
47 
70 
55 
55 
50 
44 
40 
54 
43 
70 
43 
63 
56 
41 
57 
45 
46 
51 
47 
52 
38 
60 
39 
39 
40 
41 
46 
35 
36 
44 
47-49 
46 
125 
49 
26 



Index 



161 



Special tax — conthiuea ■ Section 

four-months school 4112 

towns and cities 4114 

township high school 4113 

Spelling taught 4087 

State appropriation for schools 

State Association County Superintendents 4141 

State board 4030-35 

corporate powers 4030 

examiners 

makes schoolhouse loans 4053-56 

proceedings kept 4032 

powers of 4033 

quorum 4031 

protects interest in lands 

statute of limitation not to apply 

State certificates 

State Superintendent 4089-92 

biennial report 4089 

enforcement school law by 4090 

member State board 4030 

office at capital 4089 

print school law 4089 

recommendations 4089 

report to include loan-fund operations 4092 

State equalizing fund 

State Superintendent secretary State board 4031 

Studies required 4087, 4113 

Supplementary libraries 4177 

T 

Tax lists, abstracts furnished county board 4110 

of nonresidents, credit for 

separate columns for school taxes 4109 

Tax, special, for schools 4112—15 

Teacher, age of 4163 

assistant only, with third grade, certificate 4163 

certificate, kind 

character may be investigated • 4127 

dismissed by committee, how 4161 

dismissed by county board, how 4127 

employed, how 4161 

examination of 

high school certificate 

institute, must attend 

keep register 4165 

may dismiss pupils 4166 

meetings 4140 

monthly report 4164 

no exemption from examination 4163 

qualifications considered in fixing salary 4116 

record census in school register 4148 

report to county superintendent 4165 

rules and regulations for 4122 

salary, how paid 4164 

salary for holder of second-grade certificate 4163 

salary, maximum, fixed by county board 4116 

State certificate 

suspended, how 4141 

Temperance instruction 

Term, committeemen 4145 

continuous 4163 

county board 

county superintendent 4135 

each race equal 4116 

four months in each district 4112 

Time opening and closing schools 4123 

Township high school committee 4113 

Treasurer, all orders must be signed by county superintendent 4155 

bond 4152 

county treasurer made treasurer school fund 4152 

district account kept 4157 

duties on expiration of term 4159 

exhibit books to county board 4160 

failure to report 3839, 4160 

farm-life school 

general account 4154 

literary fund 4034 



Page 
46 
48 
47 
42 
96 
60 
39 
39 
8 
40-41 
39 
39 
39 
37 
37 
11 
43 
43 
43 
39 
43 
43 
43 
43 



42, 47 
73 



46 
125 
45 
;-49 
70 
70 
11 
55 
69 
55 
69 
9 
11 
11 
71 
71 
60 
70 
70 
50 
64 
71 
53 
70 
70 
50 
11 
60 



70 
25 
59 
50 
46 
54 
47 



66 
67 
68 
68 
68 
113 
67 
39 



162 Index 

Treasurer — continued ; Section Page 

office days 4156 67 

report examined 4134 58 

report to State Superintendent 4158 68 

State board 4031 39 

State board to render account 4034 39 

Tuition, special tax of nonresidents to apply 125 

U 

Uniform system public schools 4085 41 

Unused funds reapportioned 4116 50 

V 

Vacancy county board, how filled 25 

office superintendent, how filled 4135 59 

Visiting schools required 4141 60 

Vocational education, an act to provide for 35 

W 

Warrants for loans issued by Auditor 4053 40 

Writing to be taught 4087 42 

Women on school committees 112 

Y 

Year, school, what 4118 52 



INDEX TO RULINGS 

Committee and trustees Sec. Ill, Page 135 

Compulsory school law Sec. A, Page 129 

County board of education ; , . Sec. I, Page 131 

County superintendent Sec. II, Page 135 

Libraries Sec. VIII, Page 145 

Loans Sec. VIII, Page 145 

Miscellaneous Sec. XII, Page 153 

Patrons and pupils Sec. V, Page 139 

School districts Sec. VI, Page 141 

School funds Sec. IX, Page 146 

School property Sec. XI, Page 151 

Special tax district Sec. X, Page 149 

Teachers Sec. IV, Page 137 

Text-books Sec. VII, Page 145 



ITT 



II 



m 



.IrS'^RY OF CONGRESS 



020 312 220 2 



